Final Draft ALP Marketing Supply and Demand Study

INTERGOVERNMENTAL AGREEMENT
ESTARUSHING THE ANIMAS -LA PLATA
OPERATIONS AND MAINTENANCE ASSOCIATION
This Intergovernmental Agreement ( "Agreement'l is entered into effective an this
day of a 2009 by and among: the Colorado Water Resources and Power
Development Authority; the San Juan Water Commission, a political subdivision of the State of
New Mexico, the Le Plata Water Conservancy District, a political subdivision of the State of
New Mexico; the Southern Ute Indian Tribe, a federally recognized Indian tribe; the Navajo
Nation, a federally recognized Indian tribe; and the Utc Mountain Ute Tribe, a federally
recognized Indian tribe (collectively "the Parties").
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RECITALS
1.1 The Animas La Plata Water Project ( "ALP') provides for the delivery of water
fmm the Animas River by direct flow and reservoir storage and release. The ALP includes the
physical structures of a dam, reservoir. pumping plant, inlet conduit, and other appurtenant
facilities to divert and store water from the Animas River. The ALP was authorized by statutory
enactments, including the Colorado River Storage Project Act of 1956, the Colorado River Basin
Project Act of 1968, the Colorado Ute Indian Water Rights Settlement Act of 1988, and the
Colorado Ute Settlement Act Amendments of 2040 (collectively the" Enabling Law ").
Construction of the ALP by the United States began in 2401, and the ALP is anticipated to be
operational beginning in 2412.
1.2 The Parties are each governments or governmental subdivisions entitled, pursuant
to statutes, court decrees, permits, and/or contracts, to receive and use water from the ALP, who
have elected to participate in and be responsible for the operation, maintenance and replacement
of the ALP. Further, the Parties are empowered pursuant to law to cooperate or contract with
one another and third parries to provide certain ftmctions and services with regard to the
operation, maintenance and replacement of the ALP.
1.3 The Animas La Plata Water Conservancy District (" ALPWCD") assigned its
interest in the ALP under the Enabling Law ( "ALPWCD Interest") to the Colorado Water
Resources and Power Development Authority ("CWRPDA") in 2401. In 2405, the ALPWCD
and the CWRPDA entered Into a contract whereby ALPWCD may purchase back a portion of the
ALPWCD interest.
1.4 "rhe Parties, who have legal duties and obligations under the Enabling Law,
desire to create an association, as a separate legal entity, to enter into appropriate agreements and
to operate, maintain and replace or cause the operation, maintenance and replacement of the
ALP. The Parties intend that the Association will enter into appropriate agreements with the
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