Final Draft ALP Marketing Supply and Demand Study

Allocation unless it has lawfully obtained from another Project participant the
right to use all or a portion of that participant's Statutory Water Allocation for a
specified time period and obtained any necessary changes to applicable decrees
or project authorizations.
4.08.01 Subject to applicable law as described in Paragraph 2, a Project
participant may contract to allow another entity to use all or a
portion of that Project participant's Statutory Water Allocation
whether or not that entity is a Project participant.
4.08.02 For purposes of this document, water delivered pursuant to such a
contract shall be charged against the Statutory Water Allocation of
the Project participant that allowed another entity to use its
allocation of Project water.
4.09 If a Project participant requests Project water but does not use the requested
supply after the requested Project water has been bypassed or released from
storage, the amount of Project water requested shall be charged against that
Project participant's monthly and annual water allocation.
4.010 The deliveries for each Project participant shall be measured (1) from the Animas
River at the point of diversion for the Durango Pumping Plant, (2) at the point at
which water is delivered to the City of Durango. (3) from the outlet works at
40 Ridges Basin Dam, or (4) for those participants taking water directly from the
Reservoir, at the points of diversion from the Reservoir. The Management
Committee may require additional measurements for accounting and
administrative purposes.
4.011 The Association shall not be responsible for transit losses once Project water
passes the Durango Pumping Plant, is delivered to the City of Durango. is released
from the Reservoir, or is taken from the Reservoir.
4.012 The Project participants shall cooperate with state and tribal water administrators
to administer, protect and deliver Project water supplies.
4.013 The Project participants will cooperate with the appropriate federal agencies in
accounting for the "average annual depletion" associated with the Project as a
whole and with each Project participant.
4.014 Nothing in this document is intended to prohibit a Project participant from using
additional non - Project water available below the measuring points described
above, provided that the participant has sufficient independent water rights to
make use of such water.
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