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IX. EFFECT OF THE FEDERAL REQUIREMENT FOR A MINIMUM BYPASS FLOW AT THE DPP
ON ADMINISTRATION OF THE DIRECT FLOW AND STORAGE RIGHTS:
The Project may not pump all water physically available at the DPP as a result of a
federally mandated bypass flow requirement. The bypass flow, set forth below, is a seasonal
flow rate to be available in the Animas River at the DPP in order for pumping at the DPP to
occur:
225 cfs - April 1 to Sept 30
160 cfs - Oct 1 to Nov 30
125 cfs - Dec 1 to March 31
This full amount must be bypassed even if it will not leave enough water to meet all of the
Project's pumping needs.
Non - Stored Allocations taken from the Storable Flow are subject to the minimum
bypass flow requirement. This is consistent with the Reclamation modeling for the 2000 FSEIS,
referenced in the 2000 Amendments, and with the injury analysis which supported the Tribal
Decrees. See 2000 FSEIS, Technical Appendix 2; Engineering Report on Purported Injury to
Water Rights from the Animas -La Plata Project, Brown & Caldwell (July 29, 2005). Non - stored
Allocations for Naga a NatoA -^ -^d- S AIC -New Mexico will be accounted for under the A -LP
Decrees within the Project Flow Rate, provided that the Project is not precluded from pumping
at the DPP due to the minimum bypass flow requirement.
The bypass flow will not be counted as Storable Flow during paper fill administration.
See letter from Hal Simpson to John Porter, President of SWCD, dated May 21, 2007, which
stated the following:
Upon review of the decree in Case No. 80CW237, which adjudicated water rights
of the Southwestern Water Conservation District in the Animas and La Plata
Rivers, and review of the historic average stream flow records, the physical
location of the diversion structure in relation to Ridges Basin Reservoir, the
bypass flows, and the stream flow demands of other vested water rights, it is my
determination that bypass flows that are required by federal law as a condition
of Animas -La Plata Project operations will not be accounted toward the storage
rights, or paper fill, of Ridges Basin Reservoir. This determination is based upon
the unique circumstance that there is no current or anticipated demand from
senior water rights located below the pumping plant diversion from the Animas
River downstream to the Colorado -New Mexico state line.
X. SHEPHERDING THE NEW MEXICO PARTICIPANTS'
ALLOCATIONS OF PROJECT WATER TO THE STATE LINE:
The Engineers will protect the New Mexico A -LP allocations from diversion by Colorado
users by shepherding those allocations to the state line, minus transportation losses, if they are
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