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<br />. <br /> <br />. <br /> <br />Reclamation does support and encourage this, the State of Colorado has both the authority and <br />responsibility to accomplish this. <br /> <br />Comment: Would the increased depletion affect water quality? <br />Response: Any depletion of water in the upper basin will have a concentrating effect on water <br />quality constituents downstream. This would occur with or without the Agreement. <br /> <br />Comment: What is the effect of the Agreement on the Federal Reserved Right for the Black <br />Canyon of the Gunnison National Park? On downstream Tribal rights? <br />Response: No downstream senior water right would be affected. Since any reserved right would <br />likely be senior to the Aspinall Unit, unless negotiated to a different date, there should be no <br />effect. There are no downstream Tribal rights that could be affected. <br /> <br />Comment: What is the effect on people with existing Reclamation contracts on augmentation? <br />Response: These augmentation contracts involve parties acquiring storage water in Blue Mesa <br />Reservoir that can be released to downstream seniors to p~otect the upstream junior from calls <br />other than from the Aspinall Unit. These augmentation contracts may still be necessary for this <br />type of protection and would remain in place. <br /> <br />Comment: The Agreement indicates that the U:pper Gunnison District represents various entities <br />that divert and use water in the Upper Gunnison Basin-the Union Park Water Authority has not <br />given the District authority to represent them. Exclusion of Arapahoe and Union Park Authority <br />from negotiations on the Agreement is derogation of the law. <br />Response: The Union Park Project centers around storage and transmountain diversion of water. <br />Therefore, Union Park has no bearing on the subordination of Aspinall Unit water rights to in- <br />basin uses. Both Arapahoe and the Union Park Authority are outside of the natural basin of the <br />Gunnison River and not eligible for the subordination according to court decisions. <br /> <br />Comment: The EA did not receive adequate distribution. <br />Response: In addition to copies mailed out, the availability of the EA was included in news <br />releases. <br /> <br />Comment: The Agreement would formalize a long-standing commitment of the United States to <br />the Upper Gunnison River Basin; in particular, it would preserve an on-the-ground status quo that <br />is critical to agricultural uses, and therefore open-space values. <br />Response: No response necessary. <br /> <br />Comment: How much of the 60,000 acre-feet is already being depleted? What is the timing for <br />the remainder? <br />Response: Studies are underway to determine the amount of depletion presently occurring. This <br />highlights the need for a method to quantify and monitor depletions as provided for in the <br />Agreement. <br /> <br />11 <br />