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as <br />La Plata Archuleta Water District <br />November 27, 2012 <br />Mr. Ed Warner, Area Manager <br />Western Colorado Area Office <br />2764 Compass Drive <br />Grand Junction, Colorado 81506 <br />RE: City of Durango Annexation of Reclamation's ALP Property <br />Dear Mr. Warner: <br />It has come to the attention of the La Plata Archuleta Water District (LAPLAWD) that the City of Durango is considering <br />requesting that the property held by Reclamation for the Animas -La Plata Project (ALP) and specifically Lake Nighthorse be <br />annexed to the City in order for the City Police to provide law enforcement while managing the recreation component of the <br />project. LAPLAWD fully supports the City being responsible for recreation around the lake including the annexation if that <br />is necessary. However, LAPLAWD has a small concern regarding the annexation as explained below. <br />As you may know LAPLAWD is in the process of obtaining a portion of the State of Colorado's water supply from ALP for <br />municipal use within its District. Also, Reclamation prepared an appraisal level study of a water treatment plant and related <br />facilities for LAPLAWD to utilize its portion of the State's water; these facilities would be located on the land held by <br />Reclamation for ALP below the dam. LAPLAWD understands that Reclamation has requirements in order to obtain a <br />license to construct the water treatment facilities on Reclamation land. LAPLAWD's concern with the City's annexation of <br />the Reclamation property is that LAPLAWD may also have to meet the City's requirements (e.g. planning approval, building <br />permit, etc.) to construct the water treatment facilities. While the District has no problem with building to current codes and <br />standards, we don't see the need for an extra level of bureaucracy that may not be warranted. <br />This letter is to request that as part of the annexation agreement, either that portion of Reclamation land below the dam be <br />explicitly excluded from the annexation or that it is specifically stated that any water treatment facilities (buildings, tanks, <br />pipelines, pumps, power lines, fencing, etc.) constructed by LAPLAWD on Reclamation land below the dam, only have to <br />meet Reclamation license requirements and that the City has no jurisdiction regarding such facilities. This is only for <br />facilities below the dam and would not have any impact upon recreation around the lake. We believe there are several ways <br />this request could be implemented and would be glad to work with Reclamation, the City, and others to accomplish this <br />request. <br />Thank you for your consideration of this matter. We look forward to working with you to resolve this issue in a manner that <br />accomplishes the goals for all parties. <br />Sincerely, <br />Edward Tolen <br />General Manager <br />Cc Robert Wolff, President ALPWCD <br />Russ Howard, Manager ALP Association <br />P.O. Box 13771 Ignacio, Colorado 81137 <br />Phone (9 70) 563 -0320 <br />Fax (970)5+63 -032; <br />r <br />