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<br />. <br /> <br />e <br /> <br />e <br /> <br />5. The original Animas-La Plata Project ("ALP" or "Project") was authorized in <br />1968 by the United States Congress on September 30, 1968 under Public Law No. 90-537, the <br />Colorado River Basin Project Act, for purposes of providing water supply for irrigation and <br />municipal and industrial purposes to Southwest Colorado and Northwest New Mexico. See <br />Applicant's Ex. 14 at 3 of 15. <br /> <br />6. Applicant was decreed water rights and project features for the original ALP <br />in Case Nos. 1751-B, decreed on March 21, 1966, with an appropriation date of September 2, <br />1938, District Court, Water Division 7 and Case No. 807-C, decreed March 21, 1966, District <br />Court, Water Division 7, respectively. In Case No. 1751-B, the Court decreed Howardsville <br />Reservoir; Animas diversion Canal- Teft Diversion Dam; Animas Mountain Reservoir; Falls <br />Creek Diversion Dam and Canal; Junction Creek Diversion Dam and Pipeline; Three Buttes <br />Reservoir; Meadows Reservoir; Animas Diversion Canal; Hay Gulch Reservoir; La Plata <br />Diversion Dam and Canal. In Case no. 807-C, the Court decreed Animas Diversion Canal; <br />Longhollow Diversion Dam and Canal; Meadows Diversion Canal; Three Buttes Reservoir; <br />Meadows Reservoir; Hay Gulch Reservoir. <br /> <br />7. The structures decreed in Case Nos. 1751-B and 807-C were amended in Case <br />No. 80CW237, District Court, Water Division 7, decreed August 9, 1984. In Case No. <br />80CW237, Applicant obtained a decree for a change of water right to reflect a redesign of the <br />Project (diversions from the Animas River would be made by pumping rather than by gravity as <br />in the original project). The Court decreed alternate points of diversion and storage <br />(respectively) in the Durango Pumping Plant; Ridges Basin Inlet; Ridges Basin Reservoir; <br />Southern Ute Reservoir and Dam; La Plata Diversion Dam and Canal; and Southern Ute <br />Diversion Dam and Inlet Canal. The alternate points of diversion and alternate points of storage <br />on the Animas River and on the La Plata River have a priority date of September 2, 1938, and a <br />decreed date of March 21, 1966, for the amounts of water as set forth above, and are subject to <br />conditions to insure no injurious affect to vested water rights set forth in Findings of Fact and <br />Decree Approving Application for Change of Water Right (Aug. 24, 1984), 80CW237. <br /> <br />8. Applicant maintained reasonable diligence for the ALP and its various <br />features in Case Nos. W-190, W-577, 80 CW 101, 84 CW 59,88 CW 48, and 94 CW 51. <br />Findings of reasonable diligence have been made for the Project considering its features at both <br />the original and alternate points of diversion. <br /> <br />9. Applicant requested a fmding of reasonable diligence in this case for the <br />following structures (the following water rights, together, are the "ALP Water Rights"): <br /> <br />a. DIRECT FLOW RIGHTS: <br /> <br />i. Animas Diversion Canal- Tefl Diversion Dam <br /> <br />(a) Decree: #1751-B, March 21, 1966; #807-C, March 21, <br />1966; District Court, Water Division No.7. <br /> <br />2 <br />