ALP 5

11/19/2012
WHEREAS, the next application for a finding of diligence for the ALP Decrees is due in
August 2013 and the District and the Association intend to continue to cooperate in seeking such
a finding;
WHEREAS, the A -LP was constructed pursuant to authorization by Congress in the
Colorado Ute Settlement Act Amendments of 2000, Public Law 106 -554 ( "2000 Settlement Act
Amendments) to supply water to meet non -Indian needs as well as to satisfy the reserved water
rights decreed to the United States in trust for the benefit of the Ute Tribes pursuant to the
Consent Decrees entered in Case Nos. W- 1603 -76F and W- 1603 -76J on December 19, 1991, in
District Court, Water Division 7.
WHEREAS, the Association is an unincorporated association formed by
intergovernmental agreement (the "IGA ") among the contractors for water from the A -LP,
pursuant to Colorado Uniform Unincorporated Nonprofit Association Act, section 7 -30 -101 et
seq. C.R.S. (2012), to provide operation, maintenance and replacement services for the A -LP as
authorized by the 2000 Settlement Act Amendments (the "Existing A -LP ");
WHEREAS, the Association is an independent entity that acts through its board of
directors, and each member entity has standing in its own right to take whatever independent
action it may determine in its sole discretion to be necessary and proper to protect its own
interests;
WHEREAS, the Association entered into the IGA in order to ensure a firm supply of
water from the Existing A -LP for all of the members of the Association by, among other things,
(1) operating the Existing A -LP Project to provide a joint pool of water and (2) encouraging and
protecting uses directly from the Animas River;
2