ALP 5

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Section 5
1. The individual statutory allocations should not be a concern to the ate of Colorado. �he
tribal decrees address annual depletion for each
Ute tribe. For purposes of State administration, Reclamation will provide the calculated cc
depletions for the Ute tribes to the State. Reclamation will also calculate Project- wide nual
depletions, based on our statutory requirements. This can be reported to the State if necessary,
but it is unclear why the State would request this information, since the calculation is for total
annual depletions from the river, and is different than consumptive use. The individual
allocations can remain if for informational purposes only, but this section should focus only on
what is required to be reported.
The third paragraph is not necessary, now that there is a repayment contract with the State of
Colorado.
Section 6
1. Non - stored Allocations for use in New Mexico should not be broken out by individual allocations
(SJWC, Navajo). Wording should be generic to all New Mexico users, which would include La
Plata Conservancy District.
2. Monthly or seasonal flow rate caps are not addressed in any of the Project decrees. The FSEIS
modeling made assumptions that may not reflect the actual demand patterns of the New
Mexico users. The topic of caps or limits of the "Project Flow Rate" that can be delivered to
New Mexico should be discussed further. -- _, ��S
3. "Project Flow Rate" is not defined in the Protocol.
4. The term "Non- Stored ", "Non- stored ", and "Nonstored" is not consistent throughout.
Section 7
1. The USGS gage "Animas River below DPP" would not be able to measure the amount physically
available at the DPP if the DPP is diverting water. This gage was installed for the purposes of
measuring the Federal environmental commitment of minimum bypass flows. The Project
direct flow water right is measured at the USGS "Animas at Tall Timber" gaging station to
represent the flow at the original Teft diversion location. The only Project diversion that is
currently measurable is at the DPP. As diversion locations in Colorado are identified and
installed, those would also be measured and reported to the State. Project deliveries to New
Mexico should be based on whether the Project direct flow water right is in priority and
coordination with the Project Operator.
2. It would be the State's responsibility to assess a transportation loss that is reasonable and fair.