Animas- La Plata Environmental Impact Statement

DRAFT — 6 -1 -2012
Discussion Concepts
It is in the best interest of the Animas -La Plata Operations, Maintenance and
Replacement Association (`Association ") and the Southwestern Water Conservation
District ( "SWCD ") to maintain the full extent of the diversion and storage rights
contained in the conditional decrees for the Animas -La Plata Project ( "Conditional
Decrees ").
2. The facilities constructed pursuant to the 2000 Settlement Act Amendments ( "2000 Act
Project ") do not meet all of the purposes or needs which were to be met by the facilities
contemplated in the Conditional Decrees.
3. SWCD and the Association will work together to maintain diligence on the full extent of
the diversion and storage rights recognized in the Conditional Decrees.
4. SWCD will consult with the Association as it seeks to meet the unfulfilled purposes of
the Conditional Decrees in order to avoid any conflicts with the water supply for the 2000
Act Project that might arise from the development of additional facilities pursuant to the
Conditional Decrees.
The Association will cooperate with the SWCD as it seeks to meet the unfulfilled
purposes of the Conditional Decrees.
6. The Association and SWCD will consult prior to taking any action that might affect the
Conditional Decrees (including the draft State Protocol) or the interests of the other party.
7. The Association entered into the IGA in order to ensure a firm supply of water from the
2000 Act Project for all of the members of the Association by, among other things, (1)
operating the Settlement Project to provide a joint pool of water and (2) encouraging and
protecting uses directly from the Animas River.
8. SWCD supports the need to secure a firm supply of water for the 2000 Act Project
consistent with the IGA . In partial furtherance of that objective, SWCD agrees:
a. The use of water rights under the Conditional Decrees for purposes other than
providing a water supply for the 2000 Act Project shall be subordinate to the use
of water for the 2000 Act Project.
b. SWCD will not divert water pursuant to its rights under the Conditional Decrees
unless the By -Pass flows are being met at the Durango Pumping Plant.
C. To develop the remainder of the water rights under the Conditional Decrees in a