ALP 5

authorized an alternate place of storage for the three Storage Rights in Ridges Basin Reservoir,
aka Lake Nighthorse, with a capacity of 280,040 af. Change Decree at pp. 7 -9.
The Change Decree requires "that measuring devices be placed at the original points of
diversion in accordance with specifications as required by the Colorado Division of Water
Resources." Id. at page 14, para 1(a). Diversions at the DPP are limited to "the amount of water
available at the original heading in accordance with their priority, and allowances made for
transportation losses, if any." Id. at page 14, para 2. In addition, "the amount of water to be
stored at the alternate reservoir sites be limited to that amount which would have been
available at the original reservoir in accordance with their priority, and allowances made for
transportation losses, if any." Id. at page 14, para 3. These three terms are referenced
collectively in the Tribal Decrees as "the Teft Limitations." See Nov. 9, 2006 Order (discussed
below) at 15, para 38.
Regarding place of use, the Change Decree states only that "In general, there is no
change in the place of use other than some reduction in total irrigated acres." Id. at 2, para 2.
In the Change Decree, the Water Court retained jurisdiction for three years from the
completion of the Project pursuant to C.R.S. 37 -92- 304(6). Id. at 14, para 7. if the PFejee
111. DESCRIPTION AND CAPACITY OF PROJECT WORKS AS BUILT:
In P.L. 106 -554 ( "the 2000 Amendments "), Congress amended Section 6 of the Colorado
Ute Indian Water Rights Settlement Act of 1988 (P.L. 100 -585) to authorize the Secretary of the
Interior to "settle the outstanding claims of the Tribes on the Animas and La Plata Rivers" by
having Reclamation construct, operate and maintain:
(i) ... a reservoir, a pumping plant, a reservoir inlet conduit, and
appurtenant facilities with sufficient capacity to divert and store
water from the Animas River to provide for an average annual
depletion of 57,100 acre feet of water to be used for a municipal
and industrial water supply, which facilities shall ... (IV) ... (ii)
deliver, through the use of the project components referred to in
clause (i), municipal and industrial water allocations — (1) with an
average annual depletion not to exceed 16,525 acre -feet of water,
to the Southern Ute Indian Tribe for its present and future needs;
....[listing other six allocations]."
P.L. 106 -554 § 302 (a)(1)(A).
The Project haS ROW been GORStMete4is nowt nearly complete and its components have
the following capacities:
3