ALP 5

11/19/2012
WHEREAS, to fully implement the IGA and to assist in providing a firm supply of water
for the Existing A -LP during recovery from drought conditions, the Association needs the ability
to pump water to storage while its members and contractors take water directly from the Animas
River, even if the total diversions exceed the capacity of the Durango Pumping Plant.
WHEREAS, the Existing A -LP Project does not meet all of the purposes or needs which
were to be met by the facilities contemplated in the A -LP Decrees.
WHEREAS, the Association and the District believe that it is in both of their interests to
provide a firm and reliable supply of water for the Existing A -LP under the A -LP Decrees and
the IGA and also to maintain the full extent of the diversion and storage rights contained in the
A -LP Decrees;
WHEREAS, the Association and the District desire to set forth their obligations and
responsibilities with respect to the administration of the A -LP water rights between the Existing
A -LP and any future development of water rights under the A -LP Decrees.
The Association and the District hereby agree as follows:
COMMITMENTS OF THE ASSOCIATION
The Association shall consult and coordinate with the District prior to taking any
action that might affect the A -LP Decrees or the interests of the District related to the A -LP
Decrees.
2. The Association shall support the efforts of the District to maintain diligence on
the full extent of the diversion and storage rights contained in the A -LP Decrees, including
participation in the legal process which will involve the application for a finding of diligence due
in August 2013. As used in this paragraph, the Association's support does not include the
provision of financial support unless specifically authorized by the Association's Board of
Directors.
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