WSP11479

• File Number: 8220.102.01.G.I
• Description: Aspinall ‎(AKA Curecanti)‎
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 1/1/2000
• Author: USDOI/BOR
• Title: Final Environmental Assessment - Signing of an Agreement Concerning the Administration of Water Pursuant to the Subordination of Wayne N. Aspinall Unit Water Rights Within the Upper Gunnison River Bas
• Water Supply Pro - Doc Type: Publication

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WHEREAS, the United States decided that the Aspinall Unit Rights would be utilized
in such a manner, and pursuant to such operating criteria, so as to permit future upstream
water depletions by projects constructed for use of water within the Gunnison River Basin,
in an aggregate amount to be determined by the United States, even though such projects
divert under priorities equal or junior to the priorities of the Aspinall Unit Rights, thereby
creating a Depletion Allowance for the Aspinall Unit; and

WHEREAS, the Depletion Allowance reflects a commitment that was made by the
United States prior to the construction of the Aspinall Unit and which has been recognized
by the United States prior to this Agreement both in correspondence and in four
Agreements executed in 1964 and 1965 with water users and reaffirmed in August 1996
in correspondence from the U. S. Department of Justice to the Colorado Attomey General
and from the United States Department of the Interior to the Colorado Water Conservation
Board; and

WHEREAS, the River District enters into this Agreement in order to represent
various individuals and entities who divert water upstream from either Crystal Dam and
Reservoir or Morrow Point Dam and Reservoir and use that water downstream from Blue
Mesa Dam within the Gunnison River Basin in order to implement the Depletion Allowance;
and .

WHEREAS, the Upper Gunnison District enters into this Agreement in order to -
represent various individuals and entities who divert and use water in the Gunnison River
Basin upstream from Blue Mesa Dam in order to implement the Depletion Allowance;

THEREFORE, it is agreed as follows:

1. From the date of this Agreement, the Depletion Allowance for the Aspinall
Unit shall be implemented only pursuant to this Agreement and not through subsequent
agreements with water users.

2. . The United States agrees to subordinate the Aspinall Unit Rights to up to
10,000 af of annual water depletions in the Gunnison River Basin drainage between
Crystal Dam and Morrow Point Dam, and 10,000 af of such depletions in the drainage
between Blue Mesa Dam and Morrow Point Dam to the water users represented by the
River District, and to' subordinate the Aspinall Unit Rights to up to 40,000 af of annual water
depletions in th.e dr~inage above"Blue Mesa Dam to the water users represented by the
Upper Gunnison District and to the Upper Gunnison District Rights under the conditions
described in paragraph 5. By subordinating to the rights of such water users, the United
States agrees that such water users may continue to divert when a call is placed on the
Gunnison River by the United States under the Aspinall Rights, subject to the limits of the
stated subordination in the separate drainages.

3. As consideration for the United States' agreement to subordinate the Aspinall
Unit Rights to water users in the Gunnison River Basin to implement the Depletion

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