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<br />. <br /> <br />. <br /> <br />3. Southeastern is a statutory entity formed to repay the reimbursable-costs to the <br />United States for the Fryingpan-Arkansas Project, which cost the taxpayers of <br />Southeastern and the United States more than $500 million. Absolutely vital to <br />Southeastern is that its project not be injured, or its flows depleted or increased in <br />cost by these filings or flows for endangered fish, Any filings by the CWCB <br />should include language such as the following: <br /> <br />If the United States shall issue any jeopardy opinion <br />concerning or require any bypass flows or any other <br />reasonable and prndent alternative by the Fryingpan- <br />Arkansas Project other than those bypass flows and <br />limitations on diversions specifically stated in the <br />Fryingpan-Arkansas Project Operating Principles, <br />this decree shall not be enforced. The Fryingpan- <br />Arkansas Project is senior to any decree that will be <br />entered here, thus if, contrary to all expectatious, <br />Fryingpan-Arkansas Project diversious to the east <br />slope are curtailed or impaired, or increased in cost, <br />this decree shall not be enforced against the <br />Fryingpan-Arkansas Project <br /> <br />4. The CWCB should make no filings, nor any agreements concerning provision of <br />"all uncommitted Ruedi" Reservoir water, without recognizing the commitment to <br />provide Fry-Ark water to the East Slope, Further, in any contricts involving <br />Ruedi water, with the Fish and Wildlife Service, the Bureau of Reclamation or the <br />State, Southeastern should be kept fully informed, and no contract should be <br />entered without the consent of Southeastern. Language something like the <br />, following shoul~ be incorporated in any contract, after consultation with <br />Southeastern: <br /> <br />The CWCB and US recognize and use this and other <br />water from the Fryingpan-Arkansas Project for the <br />recovery of endangered fishes, So long as this <br />agreement remains in effect, the United States shall <br />issue no jeopardy opinion concerning nor require <br />any bypass flows nor any other reasonable and <br />prudent alternative by the Fryingpan-Arkansas <br />Project other than those bypass flows and limitations <br />on diversions specifically stated in the Fryingpan- <br />Arkansas Project Operating Principles. <br /> <br />5, Southeastern has been represented on the Colorado Water Congress Special <br />Committee and supports the restrictions on the applications stated by Mr. Tom <br />Pitts and other representatives of that committee. Southeastern requests that all <br /> <br />2 <br />