ALP 5

A. DPP and Inlet Conduit: 2-93150 cfs is the anticipated maximum pumping
capacity. The actual capacity will include the DPP and inlet conduit and pumping for the City of
Durango p mp pipeli ^^ and will be determined through t#e- testing of the facilities- lae€eFe
( "DPP Capacity ").
B. Ridges Basin Reservoir, a.k.a. Lake Nighthorse:
Active Storage 930'541WO af*
Inactive 30,000 of
Total Capacity 120-,GW3,541 of
The 2000 Amendments also provide that "If constructed, the facilities described in
subparagraph (A) shall constitute the Animas -La Plata Project." § 302(a)(1)(C). Absent further
congressional authorization, "other [P]roject features authorized by Public Law 90 -537 [i.e., the
act that authorized the Colorado River Basin Project] shall not be commenced." P.L. 106 -554 §
302(a)(1)(C)(i).
IV. SUMMARY OF THE COLORADO UTE TRIBES' DECREES CONFIRMING THEIR A -LP
ALLOCATIONS:
In 1976, the United States filed claims in the Division 7 Court, Case No. W- 1603 -76,
asserting federal reserved water rights on behalf of the Ute Tribes. The case was divided into
separate cases, each addressing claims on a different regional river. Rather than litigate their
claims, the Ute Tribes chose to negotiate with the State of Colorado, the United States, and
other parties. In 1986, the negotiating parties entered into the Colorado Ute Indian Water
Rights Settlement Agreement ( "1986 Settlement Agreement "), which formed the basis of the
Colorado Ute Indian Water Rights Settlement Act of 1988, Pub. L. 100 -585 (102. Stat. 2973)
( "1988 Settlement Act ").
In 1991 the State of Colorado the Ute Tribes, and the United States entered into a
Stipulation for a Consent Decree, resulting in the Division 7 Court's Consent Decrees entered
December 19, 1991 in Case Nos. W- 1603 -76A through K. The 1991 Consent Decrees
incorporated the 1986 Settlement Agreement and the 1988 Settlement Act. The Stipulations
filed in Case Nos. W- 1603 -76F and W- 1603 -76J provided that Ute Tribal claims on the Animas
and La Plata Rivers were to be satisfied by allocating a certain quantity of water from ALP to the
Ute Tribes for agricultural and municipal and industrial uses.
The settlement authorized in the 1988 Settlement Act (and decreed in W- 1603 -76F and
W- 1603 -76J) was not implemented due to endangered species, water quality, and other
' The FSEIS contemplates that Project users will dip into the Inactive Pool to meet demands in times of shortage.
The reservoir's Live Storage Capacity is 115,075 af.
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