ALP 23

I acre -feet of unused storage shall be retained in Lake Nighthorse and shall be available for the
2 State's use in succeeding years. The State shall have the opportunity to purchase excess Project
3 water from other Project participants.
4 (c) If required to ensure that the State's Statutory Water Allocation of 5,230 acre -feet
5 estimated average annual depletion is met, the water may be used and reused to the extent
6 permitted by the Project decrees and Federal authorizations. In addition, the water may be used
7 at any location in the State of Colorado, or may be used by exchange or augmentation. Also, the
8 water may be used for compact compliance purposes.
9 (d) The United States, after compliance with applicable environmental compliance statutes,
10 shall cooperate with the State, its subcontractors or assignees, to provide appropriate interests in
11 land needed for delivery of Project Water through non - project facilities.
12 (e) Any use of the Statutory Water Allocation other than that contemplated in the July 2000
13 Final Supplemental Environmental Impact Statement and subsequent Record of Decision dated
14 September 25, 2000 for the Animas -La Plata Project shall be subject to compliance with
15 applicable environmental statutes,
16
17 6. WATER RIGHT PROVISIONS
18 (a) Upon request of the United States, and if the State agrees in writing, the State will
19 assign the water rights, if any, that it holds associated with the Project water rights to the United
20 States for the benefit of users of Project Water. The State, or its assignee, will also protect its
21 interest in the Project Water rights and in case a dispute arises as to the character, extent, priority
22 or validity of the rights of the United States or the State to use or permit use of Project Water, the
23 State shall promptly bring and diligently prosecute and/or defend judicial proceedings for the
12