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<br />, <br /> <br />~~:';:;t;>!:!i <br /> <br />.-;..:.'\., <br />~~:,tt7:,~'~; <br /> <br />.~.../,. <br /> <br />..~, <br /> <br />: ;..~:....~. <br /> <br />301521 <br /> <br />Public Scoping Comments, Gunnison River Contract, conI. <br /> <br />2. CREnA; p5,'3. What "storage water" would be set aside for other purposes (page 9 of Information <br />Packet)? What purposes? <br /> <br />lh. CREnA; p5,13. What "storage water" would be set aside for other purposes (page 9 of Information <br />Packet)? What purposes? <br /> <br />STUDY. CREnA; p5,'lJ5. On page 2 of the proposed contract it states that Reclamation and the Park <br />Service have determined that water released from the Aspinall Unit for CRSP project purposes <br />can also be utilized to meet the objectives of the Black Canyon of the Gunnison Nation <br />Monument and that the functions and purposes of both the Aspinall Unit and Monument can be <br />protected. What study or studies bave been done to analyze these issues and provide support <br />for that statement? Specifically, wbat studies related to bydropower generation have been <br />conducted? <br /> <br />22. CREnA; p5, 16. On page 3 of the proposed contract, it is stated that the contract shall be effective in <br />perpetuity. Can the United States enter into a contract on that basis? What are the implication should <br />Congress legislate concerning this area in a manner inconsistent with the provisions of the contract? . <br /> <br />22. <br /> <br />CREnA; p5, '7. Also on page 3 (of the contract), it is stated that the contract may only be terminated <br />by mutual consent of the Park Service, Reclamation and the Colorado Water Conservation Board. <br />What is the legal basis for binding the United Slates to a contract with a state agency in this fashion? <br />What happens if the two federal agencies disagree? <br /> <br />8. <br /> <br />CREnA; p5,18. On page 4 of the contract, subparagraph 3.a. appears to make the objectives of the <br />Monument superior to those of the Aspinall Unit and the Colorado River Storage Project. Is that what <br />is intended? ' <br /> <br />22. CREnA; p5,19. In subparagraph 3.c., tbe terrn 'extreme or unusual circumstances" is used. It is not <br />defIned in the contract. What is thatterrn intended to mean? Who will make such determination so <br />that the rest of tbe provisions of that subparagraph could be implemented? Is it intended that either <br />federal agency can veto carry-over. storage under this provision? Why is there no provision for <br />consullation with other affected parties? <br /> <br />7b. CREnA; p6,11. On page 8, there is a listing of applicable Reclamation law. We would suggest that <br />the "Law of the River" controls this proposed contract. That would include other things than the <br />specific law cited in paragraph 6 of this 'contract. Also, there is no mention of state water law. Is it ' <br />intended that water delivered under this contract not be limited by Colorado water law? <br /> <br />43 <br />