ALP 5

Amon other things, this protocol describes how the Engineers will account for uses of Project water
under he ALP Decrees to maximize beneficial use and protect the vested water rights of others. it also
This
of A
their
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other relevant documents that define the Project.
>tocol is not binding on the Engineers, Project Participants, ALP OM &R, SWCD, the United States
rica ( "United States ") or anyone else, and may be revised following consultation with water users,
ig but not limited to the ALP OM &R, SWCD, United States, and all Project Participants. This
rl will be revised to reflect any final court- approved changes to the underlying decrees and any
;sionally- authorized changes to ALP, but does not amend or control any of the underlying decrees,
statutes, agreements or other documents that define the ALP water rights, identify Project
ons or address ALP operations. This protocol is intended only to assist the Engineers in meeting
:itutory duties and is not intended to, nor does it, create any right, benefit, claim, duty or
'on, implied or otherwise, enforceable at law or equity by any person, including but not limited to
Not sure if this change decree is described correctly.
The change decree authorized an alternate point of diversion for the three Direct Flow Rights at
the Durango Pumping Plant and Ridges Basin Inlet Conduit for a total of 760 cfs, not 600 cfs.
Update the retained jurisdiction paragraph or remove the last sentence.
The demonstrated DPP has a capacity to date is 289.05 cfs, recorded on June 26, 2009 at 7:02.
It is believed that the true maximum capacity of the DPP is approximately 315 cfs. A footnote
may reflect that a test will be performed to demonstrate actual maximum capacity, and this
number will be adjusted at the appropriate time.
The Live Storage of the reservoir is 115,075 acre -feet and total storage is 123,541 acre -feet, as
built. The Active /Inactive pools are not a State issue and do not need to be addressed in the
Protocol, as they have no affect on the storage rights of the Project.
There is too much information in this section than is necessary for this Protocol. Furthermore,
the information that is included also leaves out some important details. It would make sense to
move this section toward the end of the Protocol, and not reiterate the tribal rights.
2. 1 The retained jurisdiction paragraph should be removed, as it is irrelevant.