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<br />M.iBO~ <br /> <br />., <br /> <br />Public Scoping Comments, Gunnison River Contract, conI. <br /> <br />~:{:~:~~fi~ <br /> <br />.. . <br /> <br />Lower Basin States will receive approximately 750,000 acre feet per year from the Gunnison Basin <br />whether or not they are entitled to it under tbe Colorado River Compacl. <br /> <br />7a. ARAPAHOE; p4,,/1. 4. No Pavment for Water - The Contract proposes that the National Park <br />Service ("NPS") not pay any money for the water 'released from the Aspinall Unit to the Monument. <br />The rationale provided in the Contract is that the water released to the Monument represents water that <br />BUREC has historically released for purposes of regulating the flows of the Colorado River, generating <br />hydroelectric power, flood control, public recreation and the propagation of fish and wildlife. All of <br />these uses are incidental, uses except for regulating the flows of the Colorado River. However, BUREC <br />has never been required to make releaSes from the Aspinall Unit for that purpose. The Aspinall Unit <br />has never been utilized for satisfying a Compact Call from the Lower Basin States.. <br /> <br />7b. ARAPAHOE; p4, ,/2. As stated above, incidental uses of water from the Aspinall Unit must be <br />made available ,to, the Monument under the constraints of the Colorado River Water Storage Project <br />Act. By relying upon water for incidental purposes, the Aspinall Unit cannot guarantee flows to the ' <br />Monument every year. Unless there is a primary purpose for that water, a river call cannot be placed <br />on the Gunnison River to make that water available on a consistent basis. <br /> <br />7b. ARAPAHOE; p4,,/3. IF BUREC determines that it desires to enter into a contract to provide a firm <br />yield to the Monument without the constraints associateq with incidental uses, it must change the use of <br />the water rights for the Aspinall Unit and charge NPS for use of that water. <br /> <br />78. <br /> <br />ARAPAHOE; p4,,/4. 5. Forecast Method of Deterrninin2 Flows- The proposed Contract basically <br />requires BUREC to operate the Aspinall Unit as a "flow througb" facility except for 300,000 acre feet. <br />This is in derogation of the Colorado 'River Storage Project Act. Paragraph 5 proposes to determine <br />the amount of flows to be delivered to tbe Monument based upon target storage levels in the Aspinall <br />Unit. There is no provision that water must be stored for Compact purposes or any other purpose <br />except a minimum pool of 300,000 acre feel. <br /> <br />,-?:,r:. <br />{3/>:) <br /> <br />.:'....:,:,' <br />".~~ ' <br /> <br />lb. ARAPAHOE; p4,,/4. 5. Forecast Method of Determinin2 Flows- The proposed Contract basically <br />requires BUREC to operate the Aspinall Unit as a "flow through" facility except for 300,000 acre feel. <br />This is in derogation of the Colorado River Storage Project Act. Paragraph 5 proposes to determine <br />the amount of flows to be delivered to the Monument based upon target storage levels in the Aspinall <br />Unit. There is no provision that water must be stored for Compact purposes or any other purpose <br />except a minimum pool of 300,000 acre feel. <br /> <br />78. ARAPAHOE; p5,,/1. This method of determining flows for the Monument virtually guarantees <br />delivery of that water to the Lower Basin States every year without any determination as to whether the <br />Lower Basin States are entitled to that water. It prevents any possibility of further depletions in the <br />Gunnison River Basin, and does not attempt to address the primary purposes for which the Aspinall <br />Unit was constructed. <br /> <br />1ge. ARAPAHOE; p5, 'II. This method of determining flows for the Monument virtuaIly guarantees <br />delivery of that water to the Lower Basin States every year without any determination as to whether the <br />Lower Basin States are entitled to that water. It prevents any possibility of furtber depletions in the <br />Gunnison River Basin, and does not attempt to address the primary purposes for which the Aspinall <br />Unit was constructed.. . <br /> <br />26 <br />