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, , · 5 () ') M.:. OJ.. . " Public Scoping Comments, Gunnison River Contract, cont. .... ~... ..<}~;:.::::.: ".-:..... 13b. ARAPAHOE; pI, '2. As the Bureau of Reclamation ("BUREC") is well aware, Arapahoe has been involved in substantial litigation with numerous entities concerning water availability in the Gunnison River. However, Arapahoe still firmly believes that there is ample water available for Arapahoe's proposed Union Park Reservoir Project, the Aspinall Unit, and the Monumenl. That case is currently on appeal to the Colorado Supreme Court but the issues surrounding the operation of the Aspinall Unit for purposes of the subject Contract will directly affect Colorado's ability to utilize its Colorado River Compact entitlements. 22. ARAPAHOE; p2,'1. I. NEPA Process - The range of proposed guaranteed flows in both the puhlic information packet and the proposed Contract are so broad as to make any detailed public comments impossible. The BUREC should comply with all NEPA substantive and procedural requirements by conducting the necessary studies and preparing an EIS before it enters into 'any contract for flows in the Black Canyon. The proposed Contract is a major Federal action significantly affecting the quality of the human environment. The needs for and effects from flow regimes in the Monument must be studied and defined for meaningful public and agency inpUI. Without those studies it cannot be determined what fluctuations and flushing flows would actually damage the Monument and river environment. 13a. ARAPAHOE; p2, '2. 2. Constraints Under the Colorado River Storaee Proiect Act - There is ample water in the Gunnison River to maintain stream flows in the Monument. However, those flows can be maintained witbout suhstantially interfering with Colorado's right to develop its Compact entitlement and within the legal framework of the Colorado River Storage Project Acl. ~v.. ':;.:':;:", ... '..,....,::,;,' ....~::': ,. 02. ARAPAHOE; p2,'3. The Aspinall Unit was constructed as part of the Colorado River Storage Project lIin order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin for the purposes of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the states of the Upper Basin to use consistently within the provisions of the Colorado River Compact, the apportionments to and among tbem in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semi-arid land, for the control of floods, and for the generating of hydroelectric power, as an incident to the foregoing. . . . " In connection with the Colorado River Storage Project, the Secretary is also authorized to construct public recreational facilities and facilities to mitigate losses and improve conditions for the propagation of fish and wildlife. ARAPAHOE;,p2,'4. From the text of the Colorado River Storage Project referenced above, it is clear that the Aspinall Unit does not have dec~eed water rights for the purposes contemplated in the proposed Contract. Constructing facilities for the propagation of fish and wildlife and mitigation of losses at the Aspinall Unit is not the same as making substantial releases for instream uses for miles downstream. Even if BUREC believes that the authority exists within CRSPA to make releases solely for those purposes. the Contract should make it clear that those uses are incidental uses to the primary purposes of the Aspinall Unit, and cannot interfere with either the primary purposes of the Aspinall Unit or the right of Colorado to use its Compact apportionments. 7a. ARAPAHOE; p2, '3. The Aspinall Unit was constructed as part of the Colorado River Storage Project "in order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin for the purposes of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the states of the Upper Basin to use consistently within the provisions of the Colorado River Compact, the apportionments to and among them in tbe 24