ALP 4

DRAFT
9/28/2012
WHEREAS, to fully implement the IGA and to assist in providing a firm supply of water
for the Existing A -LP during recovery from drought conditions, the Association needs the ability
to pump water to storage while its members and contractors take water directly from the Animas
River, even if the total diversions exceed the capacity of the Durango Pumping Plant.
WHEREAS, the Existing A -LP Project does not meet all of the purposes or needs which
were to be met by the facilities contemplated in the A -LP Decrees.
WHEREAS, the Association and the District believe that it is in both of their best
interests to provide a firm and reliable supply of water for the Existing A -LP under the A -LP
Decrees and the IGA and also to maintain the full extent of the diversion and storage rights
contained in the A -LP Decrees;
WHEREAS, the Association and the District desire to set forth their obligations and
responsibilities with respect to the administration of the I k -LP Water Rights between the Existing__ _ - Comment [ail: Per Bidtah Becker: "ALP water
Rights" is capitalized. If this is intentional, would it
behoove us to define that term?
A -LP and any future development of water rights under the A -LP Decrees.
The Association and the District hereby agree as follows:
COMMITMENTS OF THE DISTRICT
The District agrees that the use of water rights under the A -LP Decrees for
purposes other than providing a water supply for the Existing A -LP shall be subordinate to the
use of water for the Existing A -LP, including any additional use of water that may be required to
fully implement the IGA.
2. The District shall consult and coordinate with the Association prior to taking any
action that might affect the Existing A -LP, its potential operations under the IGA, or the interests
of the Association related to the A -LP Decrees. Any development of the remainder of the water
rights under the ALP Decrees not needed for the Existing A -LP shall be accomplished in a