ALP 4

ez& ae�letl 4" 2,_�l — /171�
C. 0j �-Gv
DRAFT
9/26/2012
MEMORANDUM OF UNDERSTANDING
BETWEEN THE ANIMAS -LA PLATA OPERATIONS, MAINTENANCE, AND
REPLACEMENT ASSOCIATION AND THE SOUTHWESTERN WATER
CONSERVATION DISTRICT
This Memorandum of Understanding ( "MOU ") is entered into this _ day of
, 2012, by and between the the Animas -La Plata Operations, Maintenance
and Replacement Association ( "Association "), and the Southwestern Water Conservation
District ( "District').
RECITALS
WHEREAS, the District is a political subdivision of the State of Colorado organized
under section 37 -47 -101, et seq., C.R.S. (2012), and has the authority to hold water rights in the
name of the District "for the use and benefit of the ultimate appropriators, and to perform all acts
and things necessary to secure an adequate supply of water, present and future, for irrigation,
mining, manufacturing, and domestic purposes within said districts. "§ 37- 47- 107(1)(c), C.R.S.;
WHEREAS, the District is the owner of water rights for the project known as the
Animas -La Plata Project ( "ALP" or the "Project') authorized by the United States Congress on
September 30, 1968 under Public Law No. 90 -537, originally decreed in Case Nos. 1751 -B and
807 -C, on March 21, 1966 in Water Division No. 7, changed to reflect a redesign of the Project
in Case No. 80 CW 237 to include alternate points of diversion for many of the Project features,
and a conditional water storage right decreed in Case No. 08 CW 81 (collectively the "ALP
Decrees ").
WHEREAS, the District has maintained reasonable diligence for the ALP Decrees in
Case Nos. W -190, W -577, 80 CW 101, 84 CW 59, 88 CW 48, 94 CW 51, 01CW54, and
07CW55, with the participation and support of wo members of the Association; - oe�eted- s:,,ual