Final Draft ALP Marketing Supply and Demand Study

A -LP Water Animas -La Plata Water Marketing Supply and Demand Study Section 3
1. Pumping or releasing a quantity of water from Lake Nighthorse to the Animas River Exchange From
Point.
2. Diverting an equivalent quantity of water at the same time at the Exchange To Point if there is no
injury to senior water rights in the exchange reach between the Exchange From and Exchange To
Points.
3. The water must be used for a beneficial purpose at the Exchange To Point.
An exchange on the Animas River upstream of the DPP diversion is an obvious candidate for an
exchange; however, there is little unmet present or future municipal demand in this reach that could be
served by diversion from the Animas River (see Section 3.0). Furthermore the Durango RICD water right
(described in Legal Issues Section 4) constrains when and how A -LP Project water could be exchanged
upstream. As discussed in Item 2 of Section 4.2, Case No. 06 CW 127, Water Division 7 provides water
users upstream of the DPP with a way to obtain absolute decreed rights for uses in the future which will
be deemed senior to the Durango RICD. These senior rights should decrease the need to exchange
Project water upstream through this reach. Therefore, no viable market that could be served by
exchange of A -LP Project water upstream of the DPP has been identified.
There are two exchanges which are physically possible, but there may be limited interest. The first
exchange is with the Lake Durango Water Authority (LDWA) which presently diverts from the La Plata
River. Eventually, Lake Nighthorse water could be provided to the LDWA. When the facilities are availa-
ble, A -LP Project water could be exchanged into the La Plata basin by providing additional water to LDWA
and leaving water in the La Plata River. The LDWA La Plata diversions are not regulated; consequently
reservoir storage would be required in the La Plata River basin to provide a firm supply of augmentation
and /or domestic water. There is a major need for such water in the La Plata basin.
The second possible exchange involves the City of Durango's municipal diversion on the Florida River
approximately six miles downstream from Lemon Dam. The Florida River joins the Animas River in
Colorado approximately four miles north of the Colorado-New Mexico state line. Therefore, it is possible
to exchange from Lake Nighthorse to an Exchange To Point on the Florida River if there is municipal
demand at an Exchange To Point on the Florida River. State Water could be provided to the City from
Lake Nighthorse and the City could leave an equivalent amount of water in the Florida River. There is a
major need for instream flows during low flow periods in this reach of the Florida. Durango's Florida
River water, however, is available by gravity and is of generally higher quality than water from the Animas
River which requires pumping to reach Durango.
Another potential use for the State's A -LP Project water would occur if A -LP calls at Teft and the up-
stream junior rights to A -LP, but senior to RICD would be called out. This is primarily the Town of Silver -
ton and small uses in San Juan County where there were quite a few water rights applications filed to be
senior to RICD. If A -LP called, those rights could purchase Lake Nighthorse water which would enable
them to continue to divert.
Based on the SWSI (CWCB, 2007), there is future municipal demand in Colorado, if the State's A -LP
Project water could be exchanged or otherwise delivered into the Florida, La Plata, Dolores, San Juan
and /or Colorado River basins (see Figure 3.2.3. No. 1). With the exception of the Florida River, exchange
into any of these basins in Colorado would include a portion of the exchange reach in another state (New
Mexico, Arizona and /or Utah). It would not be possible for the Colorado State Engineer to administer an
exchange through another state without cooperation of downstream states. While such cooperation may
be possible, this type of agreement cannot be assumed within the scope of this study. Therefore, any
exchange of State Water to any Exchange To Points which include an exchange reach in another state is
limited.
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