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I acre -feet f unused storage shall be retained in Lake Nighthorse and shall be available for the
2 State's a in succeeding years. The State shall have the opportunity to purchase excess Project
3 water fr other Project participants.
4 (c) f required to ensure that the State's Statutory Water Allocation of 5,230 acre -feet
5 estimate average annual depletion is met, the water may be used and reused to the extent
6 permitt by the Project decrees and Federal authorizations. In addition, the water may be used
7 at any I cation in the State of Colorado, in accordance with all applicable laws, or may be used
8 by exc nge or augmentation. Also, the water may be used for compact compliance purposes.
9 Any us of water contemplated in this Article shall be subject to the conditions in Article 5(e)
10 below.
11 (d) The United States, after compliance with applicable environmental compliance statutes,
12 shall c operate with the State, its subcontractors or assignees, to provide appropriate interests in
13 land n eded for delivery of Project Water through non- project facilities.
14 (e Any use of the Statutory Water Allocation other than that contemplated in the July 2000
15 Final upplemental Environmental Impact Statement and subsequent Record of Decision dated
16 Sept ber 25, 2000 for the Animas -La Plata Project shall be subject to compliance with
17 annli able environmental statutes.
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6. WATER RIGHT PROVISIONS
a) Upon request of the United States, and if the State agrees in writing, the State will
assi n the water rights, if any, that it holds associated with the Project water rights to the United
Sta s for the benefit of users of Project Water. The State, or its assignee, will also protect its
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nt re in the Project Water rights and in case a dispute arises as to the character, extent, priority
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