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<br />summary, throughout the period from August 1995 through August 2001, Applicant actively
<br />participated in the Romer/Schoettler Process, the NEPA process and the Congressional
<br />legislative process, all in relation to the ALP. Applicant also met with federal and state agencies,
<br />and the two Colorado Ute Tribes, and retained the services of nwnerous consultants and
<br />lobbyists to assist its efforts towards Project authorization. Applicant's Exs. 1,2,3,4,5,6, 7, 8,
<br />9, 10, 11, 12, 13. Applicant spent hundreds of thousands of dollars on legal fees, lobbying fees,
<br />and expenses relating to its efforts to promote the Project. Applicant's Exs. 1, 2, 3, 4, 8, 10, 11,
<br />13.
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<br />26. In addition, Applicant's representatives participated in the Congressional
<br />appropriations process for the ALP, including testifying at ALP appropriations hearings before
<br />both the House and Senate Appropriations Committees, during each year from 1995 to 2001. in
<br />support of appropriations for environmental compliance, an appropriation of $16 million for
<br />FY2002 for the construction, and various appropriations for other steps necessary for
<br />construction. Applicant's Exs. 5,6, 53, 54,55.
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<br />27. Applicant's Board of Directors were kept apprised of the status of ALP
<br />throughout the diligence period, and gave direction to District representatives and consultants as
<br />necessary. Applicant's Exs. 15, 16, 17, 18, 19,20,21,22,23,24,25,26,27,28,29,30,31,32,
<br />33. Applicant also cooperated with Reclamation, the State of Colorado, the Animas-La Plata
<br />Water Conservancy District and others in joint efforts to promote the Project and in activities
<br />necessary for Project construction, such as the relocation of certain pipelines and the conveyance
<br />of property for the Durango pumping station. Applicant's Exs. 64, 65, 66,67, 68, 70, 71, 72, 73,
<br />74,75,76,77,96,97,98.
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<br />28. In 1976, the two Ute Tribes filed an application for reserved water rights in
<br />District Court, Water Division 7 in Case No. W-1603-76. In 1988, the United States Congress
<br />passed the Colorado Ute Indian Rights Settlement Act of 1988 under Public Law No. 100-585
<br />(102 Stat. 2973) (" 1988 Settlement Act"), authorizing the Secretary of the Department of the
<br />Interior to provide water to the Tribes from ALP. Ultimately, on December 19, 1991, in Case
<br />Nos. W-1603-76F and W-1603-76J, the Court entered Consent Decrees decreeingwaterrights to
<br />the two Tribes to water to be supplied by ALP. Water rights decreed in Case Nos. W-1603-76F
<br />and W-1603-76J did not change the water rights decreed in Case Nos. 1751-B and 807-C, and
<br />amended in Case No. 80CW237.
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<br />29. In 2000, the United States Congress passed the Colorado Ute Settlement Act
<br />Amendments of 2000 under Public Law No. 106-554 (''2000 Settlement Act Amendments").
<br />Applicant's Ex. 107. By this Act, Congress authorized the Secretary ofthe Department oftbe
<br />Interior to build a scaled-down version of the ALP, and correspondingly, to provide substitute
<br />benefits to the Tribes from ALP. Id at 9 301(b)(5).
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<br />30. Onder the 2000 Amendments, the only ALP facilities authorized for construction
<br />are a reservoir, a pumping plant, a reservoir inlet conduit, and "appurtenant facilities" to provide
<br />water to be used for a municipal and industrial water supply. [d. at ~ 302(a)(1)(A)(i). Congress
<br />found that the provision of irrigation water through ALP facilities can not presently be satisfied
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