ALP 5

STATE ENGINEER'S PRELIMINARY DRAFT PROTOCOL FOR ADMINISTRATION OF ANIMAS -LA
PLATA PROJECT WATER RIGHTS
Working Draft: 3 -28 -2011
This protocol discusses guidelines for the State and Division Engineers' (together
"Engineers ") administration of the water rights that will serve the Animas -La Plata Project
( "ALP" or "Project "). It describes the "A -LP Decrees" and how the Engineers will account for
uses of Project water under the A -LP Decrees to maximize beneficial use and protect the vested
water rights of others. It also describes the federal statutes that define the Project and the
Colorado water rights decrees of the Southern Ute Indian and Ute Mountain Ute Tribes' ( "Ute
Tribes') Project allocations. ThePretgce l addFesses questtieRs- ffesented by the
PaFticipan This protocol is not binding and may be revised in the future following
consultation with water users, including but not limited to the SWCD and Project Participants.
I. SUMMARY OF THE ORIGINAL 1966 DECREE OF A -LP WATER RIGHTS IN THE ANIMAS
RIVER (Civil Action No. 1751 -13):
The conditional water rights for the A -LP Project were originally adjudicated in Civil
Action 1751 -B (Animas River) and 807 -C (La Plata River), both decreed on March 21, 1966 with
a 1938 appropriation date. This protocol concerns only the following three water "Storage
Rights" and three "Direct Flow Rights" decreed in CA 1751 -B ( "1966 Decree "), and their
subsequent change in Case No. 80CW237 ( "Change Decree ") (together "A -LP Decrees "). This
protocol concerns the A -LP Decrees only to the extent they are used to serve the Project as it is
defined in the 2000 Amendments (see Part III below). The administration of any remainder of
the water rights under the A -LP Decrees is outside the scope of this document.
A. Reservoir Storage Rights:
The following three Storage Rights from the 1966 Decree were each granted an
alternate point of storage at Ridges Basin Reservoir, a.k.a Lake Nighthorse in the Change
Decree:
1) Howardsville Reservoir:
93,700 of initial storage. Annual storage: 90,700 acre feet ( "af ") + 90,700
of refill
2) Animas Mountain Reservoir:
17,640 of initial storage. Annual storage: 14,640 of + 14,640 of refill
3) Hay Gulch Reservoir:
56,330 of initial storage. Annual storage: 53,730 of + 46,740 of refill
B. Direct Flow Rights: