Water Supply and Demand Study 1/13/11

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INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE ANIMAS -LA PLATA
OPERATIONS AND MAINTENANCE ASSOCIATION
This Intergovernmental Agreement ( "Agreement') is entered into effective on this
day of v-&tA —, 2009 by and among: the Colorado Water Resotrces and Power
D3 velopment Authority; the San Juan Water Commission, a political subdivision of the State of
New Mexico, the La Plata Water Conservancy District, a political subdivision of the State of
New Mexico; the Southern Ute Indian 'Tn'be, a federally recognized Indian tribe; the Navajo
Nation, a federally recognized Indian tribe; and the Ute Mountain Ute Tribe, a federally
recognized Indian tribe (collectively "the Parties").
I . RECITALS .
1.1 The Animas La Plata Water Project ( "ALP") provides for the delivery of water
from the Animas River by direct flow and reservoir storage and release. The ALP includes the
physical structures of a dam, reservoir, pumping plant, inlet conduit, and other appurtenant
facilities to divert and store water from the Animas River. The ALP was authorized by statutory
enactments, including the Colorado River Storage Project Act of 1956. the Colorado River Basin
Project Act of 1968, the Colorado Ute Indian Water Rights Settlement Act of 1988, and the
Colorado Ute Settlement Act Amendments of 2000 (collectively the "Enabling Law"j.
Construction of the ALP by the United States began in 2001, and the ALP is anticipated to be
operational beginning in 2012.
1.2 The Parties are each governments or governmental subdivisions entitled, pursmt
to statutes, cows decrees, permits, and/or contracts, to receive and use water front the ALP, who
have elected to participate in and be responsible for the operation. maintenance and replacement
of the ALP. Further, the Parties are empowered pursuant to law to cooperate or contract with
one another and third parties to provide certain finwtions and services with regard to the
operation, maintenance and replacement of the ALP.
1.3 The Animas La Plaft Water Conservancy District ("ALPWCD-) assigned its
interest in the ALP under the Enabling Law ( "ALPWCD Interest") to the Colorado Water
Resources and Power Development Authority ("CWRPDA") in 2001. In 2005, the ALPWCD
and the CWRPDA enured into a contract whereby ALPWCD may purchase back a portion of the
ALPWCD Interest.
1.4 The Parties, who have legal duties and obligations tuuder the Enabling Law,
desire to create an assme:iatiom as a separate lesgal entity, to enter into appropriate agreements and
to operate, maintain and replace or cause the operation, rnsintenance and replacement of the
ALP. The Parties intend that tftc Associadon will eater into appropriate: agreements with the
Papa i of I0