CWCB Repayment Contract ALP

Animas -La Plata Operation, Maintenance and Replacement
Association
July 24, 2012
Mr. Tim Feehan
Assistant Director, Resource Management
COLORADO WATER CONSERVATION BOARD
1580 Logan Street, Suite 600
Denver, Colorado 80203
Re: CWCB participation in the Animas -La Plata Operation, Maintenance and Replacement
Association
Dear Tim:
We are writing to follow up on our continuing discussions regarding the membership of the
Colorado Water Conservation Board ( "CWCB ") in the Animas -La Plata Operation, Maintenance
and Replacement Association ( "Association "). As previously discussed, the CWCB's
membership is to be determined by the requirements of section 2.3.1 of the Association's IGA,
which states that once a Colorado state entity completes its purchase of an interest in the A -LP
Project, that entity "shall become a Party to this Agreement and a Member of the Association,
subject to the Association's acceptance of that entity's applicable contract provisions ...." The
Association recently received the final version of the Repayment Contract between the United
States and the CWCB, under which the CWCB has purchased an interest in the A -LP Project.
The Association and its members are reviewing the provisions of the Repayment Contract to
determine whether the Association can accept the applicable contract provisions. That review is
not complete, but it is clear that at least some Association members have concerns about some of
the terms in section 5, particularly with respect to the place of use of the CWCB's share of A -LP
water. The Association will be prepared to discuss its concerns with the CWCB at the next
Association Board meeting, scheduled for August 13, 2012. In the meantime, please feel free to
call me if you have any questions.
Sincerely,
Russell Howard, General Manager
Animas -La Plata Operation, Maintenance and Replacement Association
Cc: Eve McDonald
125 Smelter Place Durango CO 81303 PH: 970.385.7140 FX: 970.385.7158