ALP 13

Animas -La Plata Language
Senator Whitehead (D- Durango) would like to amend this year's CWCB construction fund bill: 1)
to provide up to $25 million from the Perpetual Base fund, to set up an Animas La Plata Fund "ALP
Fund "; and, 2) to use this money to proceed on purchasing the State's allocation of the ALP water.
Current projections for the Perpetual Base fund indicate that the fund may have $30 -40 million in
revenues next year.
The State of Colorado through the Colorado Water Conservation Board (CWCB), has received a
supply allotment of 10,460 acre -feet of water from the U.S. Bureau of Reclamation's ALP Project in
southwestern Colorado. The ALP Project includes a reservoir for 120,000 acre -feet to provide supplies
to New Mexico, various tribes, and Colorado water providers, and was a key component in the 1988
Colorado Ute Indian Water Settlement Act. The Reservoir construction is complete and is filling. If the
State does not express its intent to purchase its allotment after the final cost allocation is provided, then
the State's allotment reverts back to the tribes. A reversion would not be in the State's best interests
for the following reasons:
• This project has existing infrastructure and storage to meet future water demands.
Climate change projections emphasize the need for additional storage and this project
already provides that storage if the State can pay for it.
• If reversion occurs to the tribes, this water could be leased or sold to Nevada (or other
downstream states) through inter -basin marketing. Colorado's water infrastructure
should be used for Colorado not for the benefit of downstream states.
• This water is water that Colorado is entitled to under the Colorado River Compact, the
Upper Colorado River Compact, and the Animas -La Plata Compact. The State of
Colorado should protect this compact entitled water for consumptive uses in Colorado.
• The State's allocation could be used for many purposes. Several purposes include: 1)
consumptive uses in southwestern Colorado; 2) use for instream flow purposes to
protect the environment to a reasonable degree; 3) use to recover endangered fish
species that are protected through the San Juan River Recovery Implementation
Program; and, 4) compact compliance purposes such as a water bank to avoid (or
reduce the effects of) a compact call.
• If Colorado exercises this option it allows Colorado to have a seat on the ALP Operation
and Maintenance Committee. If Colorado does not exercise this option, then New
Mexico and the tribes will have a larger voice than Colorado interests regarding a
reservoir that exists in Colorado.