CWCB Repayment Contract ALP

I acre -tet of unused storage shall be retained in Lake Nighthorse and shall be available for the
2 Statel use in succeeding years. The State shall have the opportunity to purchase excess Project
3 wate►ffrom other Project participants.
4 () If required to ensure that the State's Statutory Water Allocation of 5,230 acre -feet
5 esti ted average annual depletion is met, the water may be used and reused to the extent
6 per tted by the Project decrees and Federal authorizations. In addition, the water may be used
7 at an location in the State of Colorado, in accordance with all applicable laws, or may be used
8 bye change or augmentation. Also, the water may be used for compact compliance purposes.
9 Any use of water contemplated in this Article shall be subject to the conditions in Article 5(e)
10 below.
11 i d) The United States, after compliance with applicable environmental compliance statutes,
12 shal cooperate with the State, its subcontractors or assignees, to provide appropriate interests in
13 land needed for delivery of Project Water through non - project facilities.
14 e) Any use of the Statutory Water Allocation other than that contemplated in the July 2000
15 Fin 1 Supplemental Environmental Impact Statement and subsequent Record of Decision dated
16 Se ember 25, 2000 for the Animas -La Plata Project shall be subject to compliance with
17 apT licable environmental statutes.
18
19 6. WATER RIGHT PROVISIONS
20 (a) Upon request of the United States, and if the State agrees in writing, the State will
21 as ign the water rights, if any, that it holds associated with the Project water rights to the United
22 St tes for the benefit of users of Project Water. The State, or its assignee, will also protect its
23 in rest in the Project Water rights and in case a dispute arises as to the character, extent, priority
12