ALP 5

/;z ---! (- /,I—
United States' Initial Comments on the draft Administration Protocol
t::5�
Format:
1. A list of all documents referenced in the Protocol should be included in the front or back. While
such a list would not be exclusive (and should say so), it would be user - friendly.
2. An addition of an index to the front would be more user - friendly
3. A list of all abbreviations and definitions used in the Protocol would provide consistency and
would be user - friendly. As is, the Protocol might redefine the settlements and /or Federal
legislation, as well as tribal and federal obligations.
General:
1. Determine and agree to the purpose of the Protocol. Is it a guide or is it possible this be
incorporated into the decrees? It is preferred that it serves as just a guide. This is a practical
matter regarding Reclamation law, and our Indian trust responsibilities. What is the legal
standing of this Protocol? This should be clearly explained.
2. There seems to be too much focus on addressing the tribal decrees, and distinguishing the tribes
from the other Project Participants. This protocol should keep the focus on administering the
water rights of the Project, and only describe unique situations of individual Project Participants
when necessary.
3. The Protocol needs to clearly state that it does not amend any of the decrees or create
requirements on anyone (the underlying decrees are what rules).
We suggest the addition of a new section titled "Purpose" to the beginning of the Protocol to
address these concerns and to add clarity. This would replace the current introduction
paragraph.
PURPOSE:
This purpose of this protocol is to identify guidelines for use by State and Division Engineers in the State
of Colorado (collectively "Engineers ") to administer water rights in the State of Colorado to serve the
Animas -La Plata Project ( "ALP" or "Project "). ALP is a federally -owned and congressionally - authorized
water project. Its authorized purposes include providing water to the Colorado Ute Tribes as part of a
congressionally authorized settlement, as well as serving Project Participants by delivering municipal and
industrial water for use in Colorado and New Mexico. The Bureau of Reclamation ( "Reclamation ") holds
title to the ALP facilities and has currently contracted with the Animas -La Plata Operation, Maintenance
and Replacement Association ( "ALP OM &R ") to operate ALP in furtherance of its congressional
authorization. The Southwestern Water Conservation District ( "SWCD ") holds the water rights addressed
herein.