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Last modified
1/26/2010 3:17:36 PM
Creation date
10/12/2006 5:00:03 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />. <br /> <br />. <br /> <br />therefor to the United States. <br /> <br />15. T:,e utilization of water by the water users represented by the Upper <br />Gunnison District or by the Upper Gunnison District, shall be subject to the laws of the <br />State of Colorado relating to water use and administration and ditch and reservoir rights. <br />The River District and the Upper Gunnison District shall be responsible for obtaining <br />appropriate decrees as may be required in order for the Colorado State Engineer to <br />effectively administer this Agreement in accordance with Colorado law. The United States <br />shall cooperate with the Districts in accomplishing such adjudication. <br /> <br />16. SoJbordination of Aspinall Unit Rights pursuant to this Agreement shall be <br />applicable only :0 water rights with priorities junior or equal to the Aspinall Unit Rights which <br />are exercised for beneficial use within the Upper Gunnison River Basin, and shall not in <br />any way be construed as affecting the relationship or relative priorities of any of those <br />rights or other water rights within such basin. <br /> <br />17. This Agreement may not be assigned in whole or in part without the written <br />consent of the United States, provided that the River District and the Upper Gunnison <br />District may irrpose obligations on water users and/or the Water Court may impose <br />decretal obligations on water users in order to facilitate compliance by the River District and <br />Upper Gunnison District with this Agreement and any related water decrees. Obligations <br />imposed by the Districts pursuant to this paragraph shall relate only to matters such as. <br />water measurement, accounting, and other administrative matters, and may include, <br />without limitation, recoupment of the Districts' actual costs of administration of the <br />Depletion Allowance. <br /> <br />18. This Agreement and all water diverted pursuant thereto shall be subject to <br />and controlled by the Colorado River Compact dated November 24, 1922, and proclaimed <br />by the President of the United States, June 25, 1929,46 Stat. 3000; the Boulder Canyon <br />Project Act approved December 21, 1928, 45 Stat. 1057; the Boulder Canyon Project <br />Adjustment Act of July 19, 1940, 54 Stat. 774; the Upper Colorado River Basin Compact <br />dated October 11,1948 and approved April 16, 1949,63 Stat. 31; the Mexican Water <br />Treaty of February 3, 1944, 64 Stat. 846; the Colorado River Storage Project Act of April <br />11, 1956, 70 Stat. 105; and the Colorado River Basin Project Act of September 30, 1968, <br />82 Stat. 885, as any of the above may have been amended or supplemented and to <br />related decrees of appropriate courts. <br /> <br />19. No Member of or Delegate to Congress, Resident Commissioner or official <br />of the Districts shall benefit from this Agreement other than as a water user or landowner <br />in the same manner as other water users or landowners. <br /> <br />20. Any notice, demand, or request authorized or required by this Agreement <br />shall be deemed to have been given, on behalf of the River District or Upper Gunnison <br />District when mailed, postage prepaid, or delivered to the Area Manager, Western <br />Colorado Area Office, Bureau of Reclamation, 2764 Comoass Drive. Grand Junction, <br />Colorado 81506; Colorado State Engineer, 1313 Sherman Street, Denver, Colorado <br /> <br />7 <br />
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