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<br />ODH82 <br /> <br />.. <br /> <br />available as the result several factors, i.e., on-farm technology in equipment and application, <br />subdivision of land for homes, reduction of seepage from delivery features, and metering of on- <br />farm use. Dolores Project water is considered fully allocated at this time. See Response No. 21 <br />for more information. <br /> <br />Comment 18-Is the water involved really non-project water, the assessment does not contain any <br />basis for this? <br />Response 18- Yes, the water involved is considered non-project water. MVIC has an average <br />13,700 acre-feet of Dolores Project water and 139,500 acre-feet of non-project water. It is <br />recognized that there is a "blend" of Dolores Project and non-project water in the system. Each <br />,MVIC share includes a small amount of Dolores Project water along with non-project water. On <br />, average, the subject water would be 90 percent non-project and 10 percent project and is <br />considered a portion ofMVIC's non-project supply in the EA. Water conveyed pursuant to this <br />Carriage Contract shall be delivered to lands classified as irrigable and within the Dolores Project <br />boundaries. The subject water is considered a portion of MVIC's non-project supply in the EA. <br />The definition of this non-project water is: water historically diverted by MVIC by virtue of <br />707.7 cfs of absolute and 592.3 cfs of conditional existing pre-Dolores Project irrigation water <br />rights of which Dolores Project benefits and repayment capability have not been assigned. If the <br />water were considered Dolores Project water, a Carriage Contract would not be necessary for its <br />delivery. <br /> <br />Comment 19- If the water really is non-project water, is it really available (legally) for transfer to <br />DWCD? <br />Response 19- The water sale and Carriage Contract will be done in accord with Colorado water <br />law. <br /> <br />Comment 20- The Dolores Project provides MVIC with supplemental irrigation water. MVIC's <br />senior irrigation rights are not project water, although MVIC does store these water rights in <br />Dolores Project facilities. However, this proposal would allow MVIe to sell a portion of its <br />underlying water rights for use elsewhere while continuing to obtain supplemental Project water. <br />This means that while MVIC is purportedly selling non-Project water, they would effectively at <br />least maintain, if not increase, their demand for Dolores Project water to the detriment of other <br />Project purposes. The EA fails completely to disclose these impacts, consider alternatives or <br />propose mitigation for the Dolores River fishery. As such the EA is inadequate, cannot support a <br />FONSI, and should be withdrawn. <br />Response 20-MVIC water rights would not be sold. The sale ofMVIC water shares would at <br />least maintain or could increase their demand for Dolores Project water, but it would not increase <br />their allocation. By the sale of the proposed water, MVIC will come closer to using their full <br />allocation more often. The Definite Plan Report for the Dolores Project assumed that MVIC's <br />full allocation would be depleted from the Dolores River and impacts to other users would not <br />increase. This assumption is also a basis for the Final EIS under which the Dolores Project was <br />analyzed and constructed. MVIC would continue to be limited to a total maximum annual <br />diversion of 150,400 acre feet from the Dolores River, including the 6,000 to 8,000 acre feet. <br /> <br />27 <br />