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!ll'k< ~., tl ~JU 1 i,J l,j...1 Public Scoping Comments, Gunnison River Contract, cont. . ," I . ,- ..'..3.,,;'. ,~::.~(.::):~: ..,. 11. GREENO+; pS, '2. Issue H. A-B Ltteral Proiect (Continued) 2. The Gunnison River Contract must be written to ensure that AB Ltteral or other new diversions through the Gunnison Tunnel do not interfere with the purposes, of the contract., 22. GREENO+; pS, '3. (Issue H. A-B Ltteral, cont.2) The AB Lateral ROD is in direct conflict with the proposed Gunnison River Contract; exactly the same water is needed to meet the purposes of both. Although the ROD states that AB Lateral could not divert water that is contracted from the Aspinall Unit to the National Monument, it does not prohibit AB Lateral sponsors from competing with tbe National 'Park Service for the water during the contract negotiations or during the water release schedule meetings that will implement the contract. 22. GREENO+; p8, '4. (Issue H. A-B Lateral, cont.2) It would be difficult to overestimate the magnitude of this conflict. Environmentalists cannot help but be made very suspicious of the motives that would lead the Bureau to announce the contract negotiations just four days before approving the AB Lateral ROD. AB Lateral ' would be a disaster for Black Canyon of the Gunnison and Gunnison Gorge and it should have been rejected outright. If the contract does not clearly provide that all releases from Crystal Dam except diversions into the Gunnison Tunnel for senior irrigation rights will flow through the Monument, it will leave AB Lateral (or other new Tunnel diversions) as a severe threat to the success of the proposed contract. 22. GREENO + ; p8, '5. (Issue H. A-B Ltteral, cont.2) The preliminary working draft contract of January 15; 1992, seems to be fairly tightly drawn to protect delivery of water to the National Monument, but there are three provisions that give cause for great concern about potential.interference from AB Lateral. Section 8-b provides that a sponsor of AB Ltteral (Uncompahgre Valley Water Users Association--UVWUA) will be an 'interested party' and will be invited to give 'input" at the thrice-annual water release schedule meetings. Although Section S-b does not mention WAPA as an interested party, undoubtedly it will also have 'input' into the question of water release schedules. Even if the UVWUA and W APA could not affect the total amount of water contracted for delivery under the draft contract, both could have great influence over the timing of those deliveries. Timing, of course, is as important as the quantity for the p.rotection of the Monument and Gunnison Gorge. ~~''::-::~J>f ~..' . 9. GREENO+; p9,'2.'- (lssue H. A-B Ltteral, conl.2) The second cause for concem lies in the potential for AB Lateral to contract for water from the Bureau of Reclamation out the 300,000 acre- foot Aspinall Unit water supply, and thus reduce the total amount of water available to the Monument (Section 5-f-I). The draft contract does not explicitly exclude this possibility, and it should. A third problem arises from the potential for AB Lateral to divert water in high water years when the Monument receives the contract maximum of 736,000 acre~feet. Each contract alternative should address this problem and the EIS should analyze the consequences of the alternative contract terms. 19a. GREENO+; p9, '2. (Issue H. A-B Lateral, cont.2) The second cause for concern lies in the potential for AB Lateral to contract for water from the Bureau of Reclamation out the 300,000 acre- foot Aspinall Unit water supply, and thus reduce the total amount of water available to the Monument (Section 5-f-I). The draft contract does not explicitly exclude this possibility, and it should. A third problem arises from the potential for AB Lateral to divert water in high water years wben the Monument receives the contract maximum of 736,000 acre-feet. Each contract alternative should address this problem and the EIS should analyze the consequences of the alternative contract terms. ,;;, '..:>...,. 60