ALP 5

The following three Direct Flow Rights in the 1966 Decree were later each granted an
alternate point of diversion at the Durango Pumping Plant ( "DPP "):
1) Animas Diversion Canal — Teft Diversion Dam: 600 cfs
2) Falls Creek Diversion Dam and Canal: 60 cfs
3) Junction Creek Diversion Dam and Pipeline: 100 cfs
The 1966 Decree did not establish a filling rate for the Storage Rights independent of the
rate decreed for the Direct Flow Rights. To avoid expansion of the use of the water rights under
A -LP Decrees, diversions to storage and diversions for direct use may not exceed the amount
physically and legally available at the originally decreed points of diversion.
C. Place of Use and Manner of Use:
The 1966 Decree is silent on place of use, other than for irrigation: "The purpose of the
Animas -La Plata Project, and the appropriation of water therefore, is to provide a full supply of
water to irrigate 58,900 acres of land to be brought under cultivation, of which 44,200 acres of
land are in La Plata and Montezuma Counties in Colorado, and 14,700 acres are in San Juan
County, New Mexico, and to provide a supplemental supply of water to 25,600 acres of land
now under cultivation, of which 20,100 acres are in Colorado and 5,500 acres are in New
Mexico. In addition, the Project will supply water for domestic, municipal, industrial, recreation,
fish and wildlife, flood control and other beneficial purposes." 1966 Decree at para 5, page 121.
The implied place of use of the A -LP Decrees for non - irrigation purposes is within the
geographical boundaries of the SWCD, if the use is in Colorado, including within the boundaries
of the Ute Tribes' Reserva�tip, and within the geographical boundaries of San Juan County, if
the use is in New MexicOXovLver. the federal legislation referenced below contemplates uses
outside of this nograalficireas for some users. Congress iater-subseguently limited the
a , mouse of Pro'e water from -the federal facilities constructed under the 2000
a4b Settlement Act Am dm is to municipal and industrial ( "M &I ") uses only, as discussed in
S�1 Paragraph V below.
D. Anticipate em n
The studies of the Bureau of Reclamation ( "Reclamatioh ")" p for to the 1966 Decree
demonstrate that the contemplated draft under the three Storage Rights and three Direct Flow
Rights was larger than the amount needed for currently- anticipated Project operations. See ALP
Project Feasibility Report (Chapter 4 — Water Supply) (Reclamation, Feb. 1962).
II. SUMMARY OF THE CHANGE DECREE:
The Change Decree in Case No. 80CW237, entered on August 24, 1984, authorized an
alternate point of diversion for the three Direct Flow Rights at the "Durango Pumping Plant and
Ridges Basin Inlet Conduit," with a flow rate of 600 cfs. Change Decree at pp. 6 -7. It also