ALP 5

1. Lake Nighthorse's total capacity is 123,541 acre -feet. Live capacity should be used when
addressing fill and refill. Lake Nighthorse has 115,075 acre -feet of live storage, all of which
can be utilized under the FSEIS. There may be more storage right available beyond one
refill, based on the Project change decree. This will be reviewed, but likely a moot issue,
due to the limitations of the capacity of the DPP (The capacity wouldn't make it possible to
pump more than a fill + refill within one year).
2. First sentence in Paragraph B is no longer applicable
n9
1. It is Reclamation's position that as long as we have met or exceeded the minimum bypass
requirements at the point immediately downstream of the DPP, as measured at the USGS
1 gage below the DPP, we have met our environmental commitment. There is no
commitment to ensure any flows in any section of the river beyond the USGS gage below
the DPP. However, due to the Brown & Caldwell engineering report on purported injury to
other water rights, the Project will be operated such that Non - stored Allocations bypassing
the DPP will be in addition to the minimum bypass flow requirements. Some of this section
could be rewritten to clarify the relationship of administering Non - Stored Allocations to the
Federal minimum bypass flow requirements.
Se tion 10
1. The La Plata Conservancy District's water should also be addressed in this section. Suggest
referring generically to New Mexico water users.
Non - stored Allocations for all New Mexico water users can be shepherded down the Animas
to the Stateline, if the Project direct flow water right is in priority and is agreed to by the
Project Operator. The Protocol does not address shepherding water to the state line on the
La Plata River. This should be clarified.
1. Suggest removing the last sentence.