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<br />e <br /> <br />e <br /> <br />the 1991 Consent Decrees is a "project allocation" of water that is subject to an "annual <br />diversion limit." Testimony of Mr. Whitehead. Diversion and storage rights for ALP, as <br />decreed in Case No. 80CW237, have a priority date of September 2, 1938 and an <br />adjudication date of March 21, 1966. ALP Decrees. <br /> <br />38. The change decree for ALP executed August 24, 1984. in Case No. <br />80CW237, authorizes an alternate point of diversion, the Durango Pumping Plant and <br />Ridges Basin Inlet Conduit, with a capacity of 600 cubic feet per second ( cfs) and <br />authorizes an alternate structure, Ridges Basin Reservoir, with a capacity of 280,040 acre <br />feet total. The decree contains the following conditions (hereinafter, the "Teft <br />Limitations"): <br /> <br />1. (a) That measuring devices be placed at the original points of diversion in <br />accordance with specifications as required by the Colorado Division of Water <br />Resources. <br />2. That the amount of water to be diverted at the alternate points be limited to <br />the amount of water available at the original heading in accordance with their <br />priority, and allowances made for transportation losses, if any. . <br />3 - That the amount of water to be stored at the alternate reservoir sites be <br />limited to that amount which would have been available at the original reservoir <br />in accordance with their priority, and allowances made for transportation losses, if <br />any. <br /> <br />CP A Ex. RR33 (Decree, Case No. 80CW237). <br /> <br />39. Congress has stated its intent to reduce the size of ALP and its water <br />supply by approval of the 2000 Settlement Act Amendments. In its findings, Congress <br />states that "the amendments made by this title are needed to provide for a significant <br />reduction in the facilities and water supply contemplated under the [Colorado Ute Indian <br />Water Rights Settlement Agreement]," 2000 Settlement Act Amendments at 9 301(b)(5), <br />and that "it is the intent of Congress to enact legislation that implements the [ROD]." Id.. <br />at g 301 (b)(1 0). However, Applicant and Moving Parties do not seek any change to the <br />ALP Decrees. Applications for Change of Water Right; Motions and Stipulations to <br />Amend Consent Decree. The Court finds that the Change Applications and the <br />Stipulations to Amend the consent decrees, if approved, will not alter or affect the size or <br />capacity of the ALP as decreed in Colorado by the ALP Decrees. Furthennore, the 1988 <br />Settlement Act and the 2000 Settlement Act Amendments do not have the effect of <br />altering the size or capacity of the ALP as decreed in Colorado by the ALP Decrees. <br /> <br />40. The water supply for ALP, as decreed and as amended in 80CW237, is <br />confmed by the Tefl: Limitations, is limited in its priority, and is subject to administration <br />by the State Engineer's Office. <br /> <br />15 <br />