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<br />/ <br /> <br />I. INTRODUCTION <br /> <br />The purpose of this review is to carry out the prOV1Slons of the State of <br />Kansas Condition 4, of the Trinidad Project Operating Principles which reads. <br /> <br />"4. That 5 years after beginning operation of the Trinidad <br />Reservoir for irrigation purposes, the . Operating <br />Principles be reviewed to determine the effect, if any, <br />the operation has had on other Colorado and Kansas water <br />users and the principles amended as necessary." <br /> <br />The state of Kansas has alleged that the project has not been operated in ac- <br />cordance with the operating principles. (see page 4) <br /> <br />The Bureau (Bureau of Reclamation) was requested by the Compact Administration <br />(.l\rkansas River Compact Administration) to initiate such a review at their <br />December 11, 1984 meeting. It is the Bureau's intent to objectively report the <br />facts and present meaningful projections of the effects of Project (Trinidad <br />Project) operations. / <br />/ <br /> <br />While the purpose of this review is to satisfy the requirement of Kansas' con- <br />dition 4, the analysis of downstream effects cannot be separated from an <br />analysis of project water supply. Considering the extensive analysis of project <br />operation conducted during this reveiw, we propose that this review also serves <br />to meet the requirements of Article VI of the operating principles. <br /> <br />The representatives of the State of Colorado, the State of Kansas, and the <br />Purgatoire River Water Conservancy District, have each asserted legal theories <br />and legal conclusions, including case law and legislative history, in the <br />course of this review. All parties have agreed that "legal questions" would <br />not be resolved by the Bureau, and such questions are not addressed herein. <br /> <br />II. BACKGROUND <br /> <br />The Project was authorized for construction by the Corps (Corps of Engineers) <br />under Public Law 85-500 (85th Congress S-391O July 3, 1958, as described in H. <br />Doc. 325 84th, Congress, 2d session, January 1956). The multipurpose project <br />was developed jointly by the Bureau and the Corps. <br /> <br />Trinidad Dam and Reservoir located about 3 miles southwest of the city of <br />Trinidad, Colorado, provides for storage and regulation of Purgatoire River <br />flows for Project purposes. The reservoir controls flood flows originating <br />above the reservoir for the benefit of the city of Trinidad and downstream <br />ranches. It also provides for the use of the available water supply for irriga- <br />tion and maintenance of a minimum pool for enhancement of recreation and fishety <br />values. The Project was justified primarily on the basis of flood control with <br />regulation of other storable flows for irrigation as an additional benefit. The <br />Di strict (Purgatoi re Ri ver Water Conservancy Di strict) was organi zed for the <br />purpose of contract i ng for repayment and for management of the project water <br />supply. <br /> <br />1 <br />