ALP 15

SUPPLEMENTAL AND AMENDATORY AGREEMENT CONCERNING
ACQUISITION OF MUNICIPAL AND INDUSTRIAL WATER SUPPLY FROM
THE ANIMAS - LA PLATA WATER CONSERVANCY DISTRICT DEPLETION
ALLOCATION IN THE ANIMAS -LA PLATA PROJECT, COLORADO
This supplemental and amendatory agreement is entered this Cr- day of
October, 2008, by and between the Animas -La Plata Water Conservancy District, a
water conservancy district created pursuant to C.R.S §37 -45 -101 et seq. ( "Purchaser" or
"ALPWCD "), and the Colorado Water Resources and Power Development Authority, a
political subdivision of the State of Colorado ( "Authority ").
1. Recitals
1.1 Pursuant to statutory enactments, including the Colorado River Storage
Project Act of 1956, the Colorado River Basin Project Act of 1968, the Colorado -Ute
Indian Water Rights Settlement Act of 1988, and the Colorado -Ute Settlement Act
Amendments of 2000, the United States has investigated, planned, and is in the process
of constructing the Animas -La Plata Project ( "ALP Project ") for the storage, conversion,
salvage, and distribution of waters of the Animas River for purposes, among others, of
furnishing water for municipal, industrial, domestic, and other beneficial uses.
1.2 The ALP Project comprises construction of a reservoir, pumping plant,
inlet conduit, and other pertinent facilities with sufficient capacity to divert and store
water from the Animas River for an average annual depletion of 57,100 acre -feet of
water to be used for municipal and industrial water supply.
1.3 The Colorado -Ute Settlement Act Amendments of 2000 provides for an
allocation to the ALPWCD of a portion of the water made available as a result of the
ALP Project, such allocation being equal to 2,600 acre -feet of average annual municipal
and industrial depletions (the "ALPD Depletion Allocation ") conditioned upon payment
of the non - tribal water capital obligation for the ALP Project attributable to the ALPD
Depletion Allocation.
1.4 By agreement dated November 4, 2001, ( "Assignment Agreement ") the
ALPWCD assigned its entire interest in the ALPD Depletion Allowance to the Authority
and the Authority granted the ALPWCD an exclusive option to purchase all or a part of
the ALPD Depletion Allocation.
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