CWCB Repayment Contract ALP

I municipal and industrial Statutory Water Allocation with an estimated average annual depletion
2 not to exceed 5,230 acre -feet.
3 (b) Once water is released from the outlet works of Ridges Basin Dam, bypassed at the
4 Durango Pumping Plant or diverted from Lake Nighthorse, the United States will not be
5 responsible for the control, carriage, handling, use, disposal, or distribution of the Statutory
6 Water Allocation furnished to the State, or for any damage of any nature whatsoever arising out
7 of or connected to the control, carriage, handling, treatment, use, disposal of the Statutory Water
8 Allocation by the State, except when caused by the direct action of the United States.
9 (c) All facilities required for taking the water furnished under this contract from the points
10 of delivery and putting it to use by the State and its users or subcontractors will be acquired,
11 constructed or installed, and operated and maintained by the State or its users or subcontractors
12 at their sole expense.
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14 5. ALLOCATION AND USE OF PROJECT WATER
15 (a) The State's allocation of water provided by the Project consists of a municipal and
16 industrial Statutory Water Allocation with an estimated average annual depletion of 5,230 acre-
17 feet, except as otherwise provided under Article 7(h) herein. This allocation may be met by a
18 combination of direct diversion of the natural flows from the Animas River and water released
19 and /or diverted from Project storage and subsequently diverted from the Animas River.
20 (b) Except as provided in Article 7(h) herein, the State shall have the right of.up to 10,440
21 acre -feet of storage in Lake Nighthorse to supplement the amount of direct flow diversion as
22 necessary to fulfill the State's Statutory Water Allocation of 5,230 acre -feet estimated average
23 annual depletion. Unless the Intergovernmental Agreement is in effect, any portion of the 10,440
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