ALP 16

(a) "Association" means the Animas -La Plata Operations, Maintenance, and Replacement
Association, established by the Project sponsors who were signatory to the IGA, dated March 4,
2009, pursuant to the Colorado Uniform Unincorporated Nonprofit Association Act, 7 -30 -101 et
seq., CRS (2006), to carry out the OM &R activities and responsibilities of the Project.
(b) "Consultation" means the United States shall notify and confer with the State regarding
significant decisions pertaining to this contract. In the event that consensus cannot be reached
and the United States makes a decision, appeals are available to the extent allowed under
applicable laws.
(c) "Estimated Repayment Obligation" means the reimbursable construction costs allocated
to the State's M &I uses associated with the construction of Project Works plus any appropriate
Interest During Construction (IDC).
(d) "Final Repayment Obligation" means the final reimbursable construction costs
allocated to the State's M &I uses associated with the construction of Project Works, plus any
appropriate IDC, as determined through the Final Cost Allocation described in Article 7(d)
below.
(e) "IGA" or "Intergovernmental Agreement" means that agreement, effective March 4,
2009, which has been executed by those entities, and their authorized assignees, that have been
identified by the Settlement Act, as amended, to receive a water allocation that created the
Association to operate and maintain the Project.
(f) "Operation and Maintenance Facilities" or "Permanent Operations Facility" means
those facilities necessary to support operations, maintenance and replacement work, including
permanent operating facility building headquarters with associated office space, shop for repair