Repayment

I
-e -feet of unused storage shall be retained in Lake Nighthorse and shall be available for the
2 S$te's use in succeeding years. The State shall have the opportunity to purchase excess Project
3 water from other Project participants.
4 (c) If required to ensure that the State's Statutory Water Allocation of 5,230 acre - feet
5 es imated average annual depletion is met, the water may be used and reused to the extent
6 permitted by the Project decrees and Federal authorizations. In addition, the water may be used
7 at any location in the State of Colorado, in accordance with all applicable laws, or may be used
8 b exchange or augmentation. Also, the water may be used for compact compliance purposes.
9 A y use of water contemplated in this Article shall be subject to the conditions in Article 5(e)
10 bellow.
11 (d) The United States, after compliance with applicable environmental compliance statutes,
12 sh ill cooperate with the State, its subcontractors or assignees, to provide appropriate interests in
13 lai d needed for delivery of Project Water through non - project facilities.
14 (e) Any use of the Statutory Water Allocation other than that contemplated in the July 2000
15 Fi al Supplemental Environmental Impact Statement and subsequent Record of Decision dated
16 September 25, 2000 for the Animas -La Plata Project shall be subject to compliance with
17 ap+licable environmental statutes.
18
19 6. WATER RIGHT PROVISIONS
20 (a) Upon request of the United States, and if the State agrees in writing, the State will
21 as ign the water rights, if any, that it holds associated with the Project water rights to the United
22 St ts for the benefit of users of Project Water. The State, or its assignee, will also protect its
23 in e re
in the Project Water rights and in case a dispute arises as to the character, extent, priority
12