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<br />nOl M3 <br /> <br />" <br /> <br />Public Scoping Comments, Gunnison River Contract, conI. <br /> <br />}i'Xfgl1 <br /> <br />Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the <br />reclamation of arid and semi-arid land, for the control of floods, and for the generating of hydroelectric <br />power, as an incident to the foregoing. . . . ' In connection with the Colorado River Storage Project, <br />tbe Secretary is also authorized to construct public recreational facilities and fs.cilities to mitigate losses <br />and improve conditions for the propagation of fish and wildlife., <br />ARAPAHOE; p2, '4. From the text of the Colorado River Storage Project referenced above, it is <br />clear that the Aspinall Unit does not have decreed water rights for the purposes contemplated in the <br />proposed Contracl. Constructing facilities for the propagation of fish and wildlife and mitigation of <br />losses at the Aspinall Unit is not the same as making substantial releases for instream uses for miles <br />downstream. Even if BUREC believes that the authority exists within CRSPA to make releases solely <br />for those purposes, the Contract should make it clear thattbose uses are incidental uses to the primary <br />purposes of the Aspinall Unit, and cannot interfere with either the primary purposes of the Aspinall <br />Unit or the right of. Colorado to use its Compact apportionments. <br /> <br />7b. ARAPAHOE; p3,'1. Any contract for flows in the Monument sbould recognize that such flows are <br />associated with other uses of the Aspinall Unit, and are constrained by those uses.. For instance, <br />BUREC could time its hydropower releases to benefit the Monument. However, hydropower releases <br />are constrained by 43 U.S.C. ~ 620f which provides that "subject to the provisions of the Colorado <br />River Compact, neither the empounding nor the use of water for the generation of power and energy at <br />the plants of the Colorado River Storage Project shall preclude or impair the appropriation of water for <br />domestic or agricultural purposes pursuant to applicable State law.' . <br /> <br />..,"., <br /> <br />", <br />..' <br /> <br />8. <br /> <br />ARAPAHOE; p3,'2. Likewise, a primary purpose of the Aspinall Unit is for beneficial <br />consumptive use. The Contract could also be' structured so that releases for downstream. consumptive <br />uses are made in a manner so as to benefit fisheries and recreation in the Monument. However, only <br />that water for which there are contracts should be associated with those releases. <br /> <br />..' .'. <br />..,:. '...',.: <br />..:..,:::~, ..".: <br /> <br />10. ARAPAHOE; p3,'4. The proposed Contract simply recites tbat BUREC has determined 'that the <br />functions and purposes of the Aspinall Unit, as authorized will be protected. n However, the maximum <br />flows of 736,000 acre feet will essentially make this water unavailable for use within Colorado. This <br />vitiates the primary purpose of the 'entire Colorado River Water Storage Project Act to allow the states <br />of tbe Upper Basin to develop their entitlement. <br /> <br />10. ARAPAHOE; p3,'5. The Aspinall Unit itself is located such that its water is not used within <br />Colorado. This is evidenced by the fact that only 78 acre feet are currently under contract over 20 <br />years after its completion. Water released through the Monument will take water further from any <br />conceivable use within the State. Upon leaving the Monument, only the cities of Delta and Grand <br />Junction can use the water. Those cities currently have sufficient senior water rights, and they do Dot <br />buy water from the Aspinall Unit. Flows of this magnitude will guarantee that California and the other <br />Lower Basin Slates will receive approximately 750,000 acre feet per year from the Gunnison Basin <br />whether or not they are entitled to it under the Colorado River Compact. <br /> <br />1ge. <br /> <br />ARAPAHOE; p3,'5. The Aspinall Unit itself is located such that its.water is not used within <br />Colorado. This is evidenced by the fact that only 78 acre feet are currently under contract over 20 <br />years after its completion. Water released through the Monument will take water further from any <br />conceivable use within the State. Upon leaving the Monument, only the cities of Delta and Grand <br />Junction can use the water. Those cities currently bave sufficient senior water rights. and they do not <br />buy water from the Aspinall Unit. Flows of this magnitude will guarantee that California and the other <br /> <br />./~{::'-:,:. <br />,(~ ::.:. ".. ~ <br />> ' ~. '. <br /> <br />25 <br />