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<br />The Division of Wildlife's (DOW's) storage and subsequent use of its trans- <br />mountain water in Rio Grande Reservoir has been done in coordination with the <br />Division Engineer. If it is determined in the future that the DOW's use of its <br />trans-mountain water requires a change in use, that process will be undertal(en by <br />the Division. It does not appear that any required change in use will affect the <br />Division's ability to store its trans-mountain water in Rio Grande Reservoir. <br /> <br />Finally, the storage of compact water is done pursuant to an agreement between <br />the State Engineer, the District and the Rio Grande Water Users Association. It is <br />anticipated that a new agreement will be negotiated between those entities to <br />operate compact storage in an enlarged and/or rehabilitated Rio Grande Reservoir. <br /> <br />The District anticipates that any outstanding legal or technical issues related to the <br />use of water stored in an enlarged Reservoir will be addressed through <br />negotiations with the various stal(eholders who decide to participate in the <br />enlargement project. As is discussed in the response to Issue No.9, the District <br />intends to negotiate conceptual storage and operating agreements with the various <br />entities that will utilize an enlarged Reservoir. Those participants may include the <br />State Engineer, Division Engineer, Division of Wildlife, U.S. Forest Service, the <br />Conservancy District, the Rio Grande Water Users Association and other <br />stal(eholders. Legal and technical issues that may arise from the storage in and <br />release of each entity's water from an enlarged Rio Grande Reservoir will be <br />addressed as part of those negotiations. <br /> <br />Issue No.3: The discussion of Forest Service water right does not provide adequate <br />information to understand how the existing right relates to the existing reservoir size and <br />location and how a potential enlargement might fit or conflict with this forest service <br />right. <br /> <br />ResDonse: The U.S. Forest Service's reserved rights decree was issued on <br />March 30, 2000. It recognizes the seniority of the District's right to store up to <br />51,113 acre-feet annually, including the District's storage of its water rights <br />(which are senior to the creation of the Forest), compact storage, decreed direct <br />flow storage, water exchanged into the Reservoir pursuant to existing decrees, and <br />future decreed direct flow storage. The Decree protects current reservoir <br />operations and future decreed direct flow storage (under certain River conditions) <br />from curtailment to meet downstream instream flows. <br /> <br />During this phase of the study the physical and legal effect of storage in excess of <br />51,113 acre-feet annually on the U.S. Forest Service's instream flows will be <br />further analyzed. Preliminary indications are that additional storage during high- <br />flow periods may not reduce flows downstream of the reservoir below the <br />required instream flows. Release and delivery of that stored water later in the <br />irrigation season and during the winter months may enhance flows in the River <br />