ALP 23

I Agreement will remain in full force and effect during the Useful Project Life, and as provided in
2 Article 7(1) below.
3 (k) The parties hereto desire to enter into this contract in order to secure this municipal and
4 industrial water supply pursuant to the terms and conditions of Public Law 106 -554 for the use of
5 such water in and for the benefit of Colorado as hereinafter provided.
6 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein
7 contained, the parties hereto agree as follows:
8
9 1. GENERAL DEFINITIONS
10 Where used in this contract:
11 (a) "Association" means the Animas -La Plata Operations, Maintenance, and Replacement
12 Association, established by the Project sponsors who were signatories to the IGA, dated March
13 4, 2009, pursuant to the Colorado Uniform Unincorporated Nonprofit Association Act, 7 -30 -101
14 et seq., CRS (2006), to carry out the OM &R activities and responsibilities of the Project.
15 (b) "Colorado Ute Tribes" means the Southern Ute Indian Tribe, a federally recognized
16 Indian tribe, and the Ute Mountain Ute Tribe, a federally recognized Indian tribe.
17 (c) "Consultation" means the United States shall notify and confer with the State regarding
18 significant decisions pertaining to this contract. In the event that consensus cannot be reached
19 and the United States makes a decision, appeals are available to the extent allowed under
20 applicable laws.
21 (d) "Estimated Repayment Obligation" means the reimbursable construction costs allocated
22 to the State's M &I uses associated with the construction of Project Works plus any appropriate
23 Interest During Construction (IDC).