ALP 5

than by release from Ridges Basin Reservoir) absent a decree for an additional alternate point
of diversion for A -LP water under the A -LP Decrees.
The A -LP Project Compact, entered in 1963 between the State of Colorado and the State
of New Mexico, provides that "The right to store and divert water in Colorado and New Mexico
from the La Plata and Animas River systems ... for uses in New Mexico under the Animas -La
Plata Federal Reclamation Project shall be valid and of equal priority with those rights granted
by decree of the Colorado state courts for the uses of water in Colorado for that project...." §
37 -64 -101, C.R.S. (2011). Non - stored Allocations for the New Mexico
Proiect uses therefore may also be accounted for in the Animas River at the DPP instead of
being pumped to Ridges Basin Reservoir, a.k.a. Lake Nighthorse. °^rI ;;m ; #m^ FnedeliRg ^f the
PFejeet is the _20-0-0- FSEIS, FefeFeReed by GengFess on the 200-0-AMPRdmeRts, included the
deliveFy ^f aR aveFage of 35 efs *9f. PFejeetwateF tO the avaj^ Natien and SjWE. At any time
there is Storable Flow at the DPP, up to r.,,^. they ^ al f eyo rate e s to be ,diseussedl of
additional flow¢ may be accounted for under the A -LP Decrees as a Non - stored Allocation for
these New Mexico Participants. The total "Project Flow Rate" will be capped at the DPP
capacity plus the-se M ^ + "'•, ^ seaWRal fl^•_• ratte eap&4-Gq New
Mexico Non - stored Allocations. As noted above, this limitation is based on the Engineer's
current interpretation of the existing decrees and other documents related to project water use
and may be modified in the future.
As plans for the remaining Project Participants' uses of A -LP water continue to develop,
such as other Proiect Participants havine the ability to take delivery of their portions of Proiect
water supply by direct ALP diversions, the Engineers will consider any remaining questions
concerning the administration of Nonstored Allocations with interested parties. So long as the
Stored and Non - Stored Allocations are properly accounted for and diversions are properly
identified, there is no prohibition on the use of water as a Non - Stored Allocation by any project
water user.
All Non - stored Allocations are subject to the Teft Limitations. In order to ensure that
deliveries of Non - stored Allocations do not result in injury to other water rights and can be
properly accounted for, the administrative process will need to include: (1) the A -LP OM &R
Association will identify a need for A -LP water, on behalf of one or more Project Participants;
(2) the water available in priority at Teft will be measured; (3) the amount that is available in
priority at Teft and identified for delivery for direct use will then be accounted for at the DPP
It i
days .,.,.-yea I� __ 7_ - .f/day, .days de d by 1.98 aue feet PeF efs equals 35 efs )
§ An average continuous diversion of 37.1 cfs for a year would provide the full combined average annual supply of
Project water for New Mexico users . (26,828 acre feet of diversion per year divided by 365 days per year equals
73.5 of /day, divided by 1.98 acre feet per cfs equals 37.1 cfs.)
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