ALP 7

PRIVILEGED AND CONFIDENTIAL
COVERED BY MOVING PARTIES' 2004 COMMON INTEREST AGREEMENT IN 02CW85
downstream conditions will be adequate to meet the needs of decreed Colorado water users
and conditional water rights holders under the administration of the Division 7 State Engineer."
Id. at para 58 (citing testimony of Dr. Eisel and Mr. Whitehead).
EXCERPTS FROM TRIBAL CHANGE DECREE
The 2006 Decree does not get into as much detail as the Engineers generally need to administer
water rights appropriately. It defines the Tribal reserved water rights in the Animas and La
Plata basins as:
... an allocation of water from the A -LP Project (as measured at Ridges Basin
Dam and Reservoir or at the point on the Animas River where diversions are
made to the Durango Pumping Plant), consistent with the Colorado Ute
Settlement Act Amendments of 2000, for present and future municipal and
industrial uses with an average annual depletion not to exceed 16,525 acre
feet of water. 2006 Decree at 7.
It should be noted that much of that language was already in the 1991 consent decrees that
were being changed. A federal exhibit in the 2007 hearing showed the changes to this
paragraph as follows: U T F M01--N-VAIN g y E d D IA N I R114f'
RESERVED WATER rii T1 " >p + THE
} C`te 1t 'nunt ia7 Lr "te lrtciian Tr he sttali �: entoled po ttic. rights described 1 ?� low icy belle ici ah
uSe
A, ..__ _.- Artimas -La Pkilaa Project
A eater right to %-atcr supplied ric >rn the Ajjarttas -� Pl attr Project. This watct, right shal'r
nave a P larch , i BG griorst }� date si �i1 ltc aa,tt7oadia�zeteci ray rti �•ater rights decreed and
Senior to 11w Animas -L.a Plata Prc3a�at. a rld "hati share on a Pro rata ba *ss tite prior:t, or.
the Aninias-1 a Plana Project, what h has an adjudication + aft: oj' �2arch 2!, 1 906. and an
appropriation date of Septetrahez _ s 93,K C'.A. 1 751 -B3 DistriO Cow,, 1,m Plata (7011111�°
t t he water right sh'ai! entitle t!t. "f rib (o ro�cl 'e atrici hertericiali v use, on
that part,of the Late Nlo ant,u n I ae Reser-,atiorr v�itttiis
'he -'411C or witirias ttac
boundaries of t1w Ana wt -1_a Piaata District, ^i r
ta,1�l��WTti = ,s allocation -, r;fwawr boar, th Anin•as -L.a; Pima Proic<r- is ntctsrare�t
Lit Radyes I asin Darn astd R - _s''r" lair oy at the poini c)ts flaw: Artattas Ri %'vr A hcfv
diversions are laut' fir JhQ t )Yfrnmgo i'1Jmafro'» Plastai —r. r
rornint
f'� r .Ir
r
-t -
h-- --•-.- r- tzts,-;^ t' rtst' rt- °.�1"F_„�+= �+.'..,r.�._;.f�`:- � _'�?r°...;� aYt'tTrt€ °a"��.�.C`t-s'�t4rw i- ^r"TY,r *t.!'ss?-'�;TYer
3