Final Draft ALP Marketing Supply and Demand Study

A-LP Water Animas -La Plata Water Marketing Supply and Demand Study
Section 4
reservation for use elsewhere in the State, they cannot do so without Water Court approval.
Pursuant to the settlement of the Tribes' water rights, the Tribes cannot sell their water out of State
unless another entity has successfully done so
It should be noted that one of the purposes of an interstate compact is to apportion the use of a
particular resource among states sharing that resource, thus minimizing provisions of the interstate
commerce clause of the United States Constitution governing the sale of that commodity across
state lines. The sale of any Colorado water to any entity in another state may effectively negate the
protections of the Colorado and Upper Colorado River Compacts by allowing market forces to work
and ignoring the allocations made by the compact.
6. IGA Exhibit A, Sections 3 and 4
IGA Exhibit A, Sections 3 and 4 describe how the Association will optimize the use of Project storage
and deliver water. Rather than having individual accounts in Ridges Basin Reservoir, the Association
will operate the storage as a "Joint Pool." In addition, whenever feasible and practical, Project
Sponsors shall take delivery of their portion of Project water supply by direct flow diversion from the
river as measured at the DPP without pumping it into storage. The Association will have to develop
internal accounting for this operation.
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FINAL ALP Repo,t�_1_13_11_LL.docx