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<br />ing Fork River above the town of Aspen which might <br />occur os a result of the project enlargement of the <br />Twin lakes Reservoir, the Ashcroft Reservoir on Castle <br />Creek, or some reservoir in lieu thereof, shall be con- <br />structed on the Roaring Fork drainage above Aspen <br />to a capacity of approximately 5,000 acre-feet: PRO- <br />VIDING, HOWEVER, That the Ashcraft Reservoir shall <br />be constructed only if the Secretary of the Interior <br />after appropriate study shall determine that its bene- <br />fits exceed the costs. AND PROVIDING FURTHER, That <br />no part of the construction, operation, or mainten- <br />ance of said Ashcroft Reservoir shall be chargeable <br />to the Fryingpon-Arkansas project. <br /> <br />3. The receipts from the sale of water from <br />Ruedi Reservoir, as permitted in paragraph 6(b) here- <br />of, shall be applied solely to the operation and main- <br />tenance costs and to those reimbursable construction <br />cos1s of said reservoir which exceed $7,600,000. The <br />cost of perpetual operation and maintenance of the <br />Ruedi Reservoir shall be borne by users of project <br />water and users of water stored in Ruedi Reservoir in <br />such proportion os may be determined by the Secre- <br />tory of the Interior. <br /> <br />5. The Ruedi Reservoir shall be completed and <br />in operation before any water is diverted to eastern <br />Colorado by means of the project. <br /> <br />6. (a) The replacement capacity of Ruedi Reser- <br />voir, and any reservoir constructed in addition there- <br />to, is that portion of the total reservoir capacity re- <br />quired to permit project diversions at times when <br />such diversions could not otherwise be made because <br />of simultaneous demands of senior diversions in west- <br />ern Colorado existing at the time of the adoption of <br />these operating principles, and shoJI be so operated <br />to accomplish this purpose. Water stored in such <br />capacity sholl be released by the United States, up- <br />on the request of the Colorado Stale engineer, to the <br />extent that water would have been available to said <br />decreed rights except for stream depletion resulting <br />from diversions by this project to the Arkansas Volley. <br /> <br />(b) The regulatory capacity of Ruedi Reservoir, <br />and any reservoir constructed in addition thereto, is <br />that portion of the total reservoir capacity nol needed <br />for replacement purposes. Water stored in such cate- <br />gory may be sold or leased by the United States to <br />water users in Colorado for any purpose recog- <br />nized by the laws of the United Stales: PROVIDED, <br />That the sale of water for use outside the natural <br />basin of the Colorado River can only be mode with <br />the consent of the Colorado River Water Conserva- <br />tion District. Charges for the use of such water shoJi <br />be established by the Secretary of the Interior by <br />appropriate contract in accordance with the payment <br />ability of such water users. <br /> <br />4 <br /> <br />.~.... <br />I <br /> <br />o <br />a <br />N <br />o <br />~ <br />~ <br /> <br />7. The primary purpose of Ruedi Reservoir, and <br />any reservoir constructed in addition thereto, is to <br />furnish, to the extent of its capacity, in like manner as <br />if the project were constructed by a water conserv- <br />ancy district organized pursuant to the laws of the <br />State of Colorado, the woter required for the pro- <br />tection of western Colorado water users by the pro- <br />visions of Colorado Revised Statutes 1953, 149-6-13. <br /> <br />9. The respective decrees which may be or hove <br />been awarded to the parties hereto as a part of the <br />Fryingpan-Arkansas project and Basalt project shall <br />be administered by the proper officials of the State <br />of Colorado in accordance with the applicable lows <br />of the State of Colorado, and with the following <br />principles and procedures, to wit: <br /> <br />(1) That the demand on the waters available <br />under such decrees shall be allocated in the follow- <br />ing sequence: <br /> <br />(a) For diversion to the Arkansas Valley through <br />the collection system and the facilities of the Frying- <br />pan-Arkansas project in an amount not exceeding an <br />aggregate of 120,000 acre-feet of water in any year, <br />but not to exceed a total aggregate of 2,352,800 <br />acre-feet in any period of 34 consecutive years reck- <br />oned in continuing progressive series starting with <br />the first full year of diversions, both limitations here- <br />in being exclusive of Roaring Fork exchanges as pro- <br />vided in (c) below, and exclusive of diversions for <br />the Busk-Ivanhoe decree; and with the further and <br />absolute limitation that in order to protect existing <br />and future beneficial uses of water in we~tern Co\o- <br />rado, including recreational and fishing values, the <br />State engineer shall so regulate the transmountain <br />diversions above referred to, to the end that no di- <br />versions shall be made which will reduce the remain- <br />ing aggregate streamflows to less than the minimum <br />standards. <br /> <br />(b) For storage in Ruedi Reservoir to the extent <br />of its actual capacity, which is to be not fess than <br />100,000 acre-feet. <br /> <br />(2) The effectuation of the above principles re- <br />quires concurrent Fryingpon-Arkansas project diver- <br />sion and Ruedi Reservoir storage to be accomplished <br />in the manner following: The State engineer annual- <br />ly shall collect pertinent data, including information <br />pertaining to snow pock and 011 other available <br />evidence, and shall thereafter so divide and appor- <br />tion the surface runoff os to achieve, as nearly as <br />possible, the foregoing diversion of water and the <br />maximum of concurrent diversions and storage. The <br />diversions herein contemplated shall be on the basis <br />of a water year hereby defined as that interim of <br />October 1 through the following September 30. <br /> <br />5 <br /> <br />, <br />I <br />