ALP 7

PRIVILEGED AND CONFIDENTIAL
COVERED BY MOVING PARTIES' 2004 COMMON INTEREST AGREEMENT IN 02CW85
MEMORANDUM
TO: Southern Ute, Ute Mountain Ute, Federal, and SWCD Representatives
FROM: Dick Wolfe, Colorado State Engineer and Director of Colorado Division of Water
Resources
DATE: September 14, 2012
RE: ENGINEERS' LIST OF REASONS TO EXTEND RETAINED JURISDICTION IN THE
FOUR CASES CHANGING THE TRIBAL DECREES FOR THE ANIMAS -LA PLATA
PROJECT
INTRODUCTION
In 2010 the State, working with SWCD, began developing an operating protocol for the overall
water rights involved in the A -LP. This protocol attempts to address operational concerns for
water rights associated with the A -LP including the decreed Tribal rights. That protocol is
currently being reviewed by the interested parties and resolution may not occur prior to the
end of 2012. While there may be retained jurisdiction or diligence requirements in other A -LP
project associated water rights, the issue at hand is that the Tribal decrees' retained jurisdiction
expires at the end of 2012 before operational concerns are likely to be addressed.
In 2006, the Division Engineer "recommended that the Court impose two conditions upon these
amended decrees in order to avoid injurious impacts as a result of the amendments and
changes to the decrees. See C.R.S. § 37 -92 -305. Because the water is not yet applied to actual
uses, Mr. Whitehead recommended that the Court impose a reporting requirement and a
period of retained jurisdiction. See C.R.S. § 37 -92- 304(6)." 2006 Decree at page 23, para 75.
The Court retained jurisdiction through 2012. Further the Court tasked the United States
"....shall file a report to this Court in January of the year 2009, and every sixth calendar year
thereafter, demonstrating progress in applying its reserved water rights to beneficial use."
(2006 decree at page 36, para 3f). To DWR these seemed appropriate periods in which actual
uses would occur; however those beneficial uses have not yet commenced leaving operational
concerns unaddressed.
In April, 2012, the Engineers circulated a draft motion to extend the water court's retained
jurisdiction beyond 2012. Four formal meetings have been held between the Moving Parties
(i.e., the State, United States, two Ute Tribes, and SWCD) to discuss extending retained
jurisdiction. The most recent revised draft of the motion was circulated on July 23.