Final Draft ALP Marketing Supply and Demand Study

A -LP Water Animas -La Plata Water Marketing Supply and Demand Study
Section 4
4.2 Water Rights Issues
The following is a list of water right issues that may affect the use of the State's A -LP Project water. It
should not be considered comprehensive and does not present any legal analysis of these issues.
1. Southwestern Water Conservation District (SWCD) Water Rights
The water rights for the A -LP Project are held by the SWCD. With the down -sized project there is a
significant amount of the water right that is still conditional. The A -LP Project cannot be enlarged
without further Congressional action. Therefore, the SWCD may consider using the remaining right
for direct flow purposes if the A -LP project is not enlarged in the future. The SWCD is diligently
pursuing development of the conditional portion of the water right.
2. Durango's Recreational In- Channel Diversion (RICD)
As a result of Durango's RICD, the Animas River became a fully appropriated river. Durango's RICD
protects large rates of flow for recreational boating purposes during daylight hours. The flows are
protected in a reach of stream that begins immediately downstream of the Highway 160 bridge over
the Animas River and terminates 900 feet above the DPP intake. While this RICD right is junior to
the water right held by the SWCD and therefore does not impact the SWCD water right for the A -LP
Project, it does limit the ability to exchange A -LP Project water upstream, except during nighttime
hours. Any exchange of A -LP Project water upstream would require a new water right which would be
junior to the RICD right and could only operate at times when it did not injure the RICD right. In dry
years there is likely to be little, if any, exchange potential. Furthermore, there have been water rights
decreed upstream of the DPP in Case No. 06 CW 127 in Water Division 7 which provide water users
with a way to obtain absolute decreed rights in the future which will be deemed senior to the
Durango RICD. Such water rights will reduce the need to exchange through this reach. The Durango
RICD adds complexity to water right administration on the Animas River and potentially to A -LP
Project water accounting.
3. Impact of Senior Downstream Water Rights
It is uncertain whether or not downstream senior water rights in Colorado will call more or less water
than the "bypass flows" required by the ROD past the DPP intake. If the downstream senior water
rights in Colorado do not call enough water past the DPP to meet the bypass flow requirements, it
will be necessary to determine how the bypass flow requirement will be accomplished and
monitored. If downstream water rights call water past the DPP significantly in excess of A -LP Project
bypass requirements, they could constitute a further limitation on DPP operations.
4. Water Right Administration and Accounting
There are several water rights administration and accounting issues under review by the Colorado
Division of Water Resources, Colorado State Engineer, and the Colorado Attorney General's Office.
Because of the ongoing review of these issues, they will not be described in detail here. In general
terms, A -LP Project operation must conform with federal authorizing legislation, state water law and
administration. This should include but not be limited to appropriate consideration of: A -LP Project
water rights held by the SWCD, the A -LP Project Compact, water right settlement decrees for Animas
River water held by both the Southern Ute and Ute Mountain Ute Tribes, and the bypass flow
requirements and other conditions imposed by the ROD. The Association should monitor the
SJRBRIP and coordinate with the representatives of Association members on the Coordination
Committee.
5. Southern Ute and Ute Mountain Ute Indian Water Rights Decree Limitations
The water rights decreed to the Tribes in the Ute Settlement only allow use of the water on the
reservation without further Colorado Water Court action. While the Tribes can move the water off the
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FINAL ALP Report_ 1_13_11_LL.docx