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<br />. <br /> <br />. <br /> <br />the Aspinall Unit's sizeable water rights from effectively cutting off the ability of in-basinjw1ior <br />water users to appropriate water. Thus the subordination actually facilitates Colorado's <br />development of Compact water and in no way allows Federal control of the State process for <br />appropriation of water. Concerning transmountain diversions to the Front Range and high <br />elevation storage in the Gunnison Basin, the United States, as a matter of principle, does not <br />object to these in the Gunnison or any other basin; but the subordination of the federal water <br />rights to in-basin users does not relate to these issues. The Agreement does not preclude other <br />water sources, including Aspinall Unit water, from being developed or purchased for <br />transmountain diversions. <br /> <br />General Comment: The Agreement would prevent diversions to the east slope that could support <br />500,000-1,000,000 people-this loss needs to be addressed as well as the loss of beneficial effects <br />of trans mountain diversions on the human environment and the Platte River. <br />Response: As indicated above, the Agreement does not prevent such diversions nor is it within <br />the authority of the United States or within the policy of the United States to prevent such <br />diversions, and thus the impacts stated are beyond the scope of this EA. <br /> <br />General Comment: It is our understanding that the following applies to the Agreement: There <br />will be approximately 240,000 average acre-feet of marketable yield remaining in the Aspinall <br />Unit after subordination; that Reclamation and the Fish and Wildlife Service agree that this <br />subordination is a preexisting commitment and not a new Federal action requiring consultation <br />under the Endangered Species Act and that any potential use of the 60,000 acre-feet will be <br />included in the consultation that Reclamation has committed to for the Aspinall Unit under the <br />Endangered Species Act; that the Agreement will remain in effect until terminated by the mutual <br />consent of all parties; and that the Agreement is a permanent adjustment to the Aspinall Unit <br />water rights. <br />Response: The marketable yield from the Aspinall Unit has been estimated at 300,000 acre-feet, <br />including the 60,000 acre-feet of upstream depletion. The Agreement would not change that. <br />However, other issues such as the Endangered Species Act compliance on the Aspinall Unit and <br />the quantification of the reserved water right for the Black Canyon of the Gunnison National Park <br />could affect this yield. The depletion amount will be included in the upcoming consultation on <br />the operation of the Aspinall Unit under the Endangered Species Act. <br /> <br />As presently drafted, the terms of the Agreement would remain in full force until terminated by <br />mutual consent of the parties. Reclamation intends to have this language remain in the <br />Agreement. Concerning a permanent adjustment to the Aspinall Unit water rights, Reclamation <br />has the discretion of signing or not signing the Agreement; but it does not have discretion to <br />disallow the depletion based on Court decisions. An addendum to the water rights for the <br />Aspinall Unit may be needed. <br /> <br />General Comment: The Agreement represents selective subordination which is not allowed by <br />Colorado law. <br />Response: Findings in District Court, Water Division 4, Case No. 88-CW-178 were that <br /> <br />8 <br />