ALP 5

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court to modify the A -LP Decrees, if necessary to permit operation of the Existing A -LP as
provided in the IGA.
5. The District grants the Association the right and authority to protect the portion of
the A -LP Decree water rights dedicated to the Existing ALP, including any portion of those
rights required to operate under the IGA, by asserting injury on its members' behalf in water
court proceedings and by making a call on the river when in priority, or by taking any other
action required to protect that portion of the ALP Decree water rights.
GENERAL PROVISIONS
A. Notices. All notices, requests, consents, claims, demands, waivers and other
communications hereunder shall be in writing and shall be deemed to have been given: (a) when
delivered by hand (with written confirmation of receipt); (b) when received by the addressee if
sent by a nationally recognized overnight courier (receipt requested); or (c) on the date sent by
facsimile (with confirmation of transmission) if sent during normal business hours of the
recipient, and on the next Business Day if sent after normal business hours of the recipient. Such
communications must be sent to the respective parties at the following addresses.
To Association:
Animas -La Plata Operation, Maintenance and Replacement Association
125 Smelter Place
Durango, CO 81303
Attn: Russ Howard, General Manager
To District:
B. Headings for Convenience Only. Paragraph headings and titles contained in this
MOU are intended for convenience and reference only and are not intended to define, limit or
describe the scope or intent of any provision of this MOU.
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