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within the Storable Flow and Project Flow Rate, and delivered to the point where a Project
Participant's allocation will be diverted and placed to beneficial use (or confirmed present at
the State line for the Navajo Nation or SJWC, see Part X below); and (4) the amount that is
diverted for beneficial use will be accounted for under the A -LP Decrees.
The A -LP OM &R Association will need to establish an internal process for, inter alia, (1)
allocating the Storable Flow between pumping to storage and Non - stored Allocations (as well
as allocating it among the Project Participants) consistent with the limitations of this Protocol;
(2) communicating to the Division Engineer's Office the request for delivery of a Non - stored
Allocation, (3) acquiring additional data necessary to determine the transportation loss, if any;
(4) reporting to the Division Engineer in advance the points where Project water is to be
diverted by all Project Participants in Colorado; and (5) recording and maintaining records of
the amount delivered to Project Participants.
The Division Engineer's Office will require that all water accounted for under the A -LP
Decrees must be put to beneficial use and that regular and reliable records be kept so that the
Division Engineer can account for water use under the A -LP Decrees.
VII. HOW THE DIVISION ENGINEER WILL DETERMINE THE AMOUNT AVAILABLE UNDER THE
DIRECT FLOW RIGHTS:
A. Measurement:
Adequate measuring structures are required at the points of diversion for the Direct
Flow Rights before water may be diverted under those rights. The USGS gage on the Animas
River at Tall Timbers Resort above Tacoma, Colorado (Id. No. 09359500) (hereafter "Tall
Timbers Gaging Station ") is close to the Teft point of diversion. There are no gages at the
original points of diversion on Falls Creek or Junction Creek. Therefore, this Protocol only
discusses measurement "at Teft," and "the Teft Limitations," but the same terms will apply to
use of the other two Direct Flow Rights if and when measurement devices are installed at their
original points of diversion so that they may be used for Project.purposes.. _.... _ �..
The Division Engineer's Office will evaluate the amount physically available at Teft based
on the flows at Tall Timbers Gaging Station.
The amount physically available at the DPP will be measured using the USGS gage on the
"Animas River Below Durango Pumping Plant Near Durango, Colorado" (Id. No. 09362520)
(hereafter "DPP Gage ") that is approximately 1/8 mile downstream of the DPP.
B. Transportation Loss:
When the A -LP OM &R Association asks the Division Engineer to identify and measure
water at Teft for diversion at the DPP or for a Non - stored Allocation, the quantity may include
additional water to cover transportation losses, if any, to the DPP. This will not cause injury to
any other water right, will not expand use under the A -LP Decrees, and is not precluded by the
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