ALP 14

by the 1986 Agreement, comprising only those facilities necessary for the diversion and storage of
water from the Animas River for municipal and industrial use. The 2000 Amendments authorize
the reconfigured Project to deliver municipal and industrial water allocations to certain non -tribal
entities as follows:
(A) San Juan Water Commission: average annual depletions not to exceed 10,400 acre -
feet;
(B) Animas -La Plata Water Conservancy District: average annual depletions not to
exceed 2,600 acre -feet
(C) State of Colorado: average annual depletions not to exceed 5,230 acre -feet;
(D) La Plata Conservancy District, New Mexico: average annual depletions not to exceed
780 acre -feet.
The 2000 Amendments provide further that the non -Tribal municipal and industrial water
capital repayment obligations for the Project may be satisfied upon the payment in full of the non-
Tribal water capital obligations prior to the initiation of construction, with the amount of the
repayment obligations determined by agreement between the Secretary of Interior and the entity
responsible for the repayment as to the appropriate reimbursable share. In such case, interest shall
not accrue during construction, and the repaying entity shall not be liable for repayment of any such
interest during construction. In addition, the 2000 Amendments provide that the non -Tribal
repayment obligation is subject to a final cost allocation upon Project completion, and additional
payment, warranted only for reasonable and unforeseen costs associated with Project construction,
may be required in order to secure the full storage or water supply allocated to a non -Tribal entity.
By Agreement between the Animas -La Plata Water Conservancy District and the Colorado
Water Resources and Power Development Authority dated _ ' the Animas -La Plata
Water Conservancy District has assigned all its right, title and interest in and to the 2,600 acre -foot
average annual municipal and industrial water depletion allocation reserved for the Animas -La Plata
Water Conservancy District by the 2000 Amendments, and the Colorado Water Resources and
Power Development Authority has agreed to finance and acquire that water allocation. By these
presents, the United States, acting through the Secretary of Interior, approves such assignment, and
agrees that by virtue of such assignment, the Colorado Water Resources and Power Development
Authority has succeeded to the rights and obligations of the Animas -La Plata Water Conservancy
District under the 2000 Amendments.
2. Determination of Appropriate Reimbursable Share.
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