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<br />e <br /> <br />OilJ285 <br /> <br />e <br /> <br />17. Reclamation has refused Petitioners' demands that Reclamation operate the C-BT <br />Project in accordance with Senate Document 80, and Petitioners have exhausted <br />their administrative remedies. <br /> <br />FIFTH CLAIM FOR RELIEF <br />(Violation of the Reservoir Projects Act By Reclamation <br />(43 U.S.C. ~ 390b(d)) <br /> <br />18. Petitioners incorporate by reference all preceding paragraphs. <br /> <br />19. 43 D.S.C. & 390b(d) requires Congressional approval for any modification ofa <br />Reclamation reservoir project that seriously affects the purposes for which the <br />project was authorized, planned or constructed, or which involves a major <br />operational change. <br /> <br />20. Reclamation's refusal to release the full compensatory pool physically present in <br />Green Mountain Reservoir and allocate the unused portion of the replacement <br />pool to West Slope needs are major operational changes not included within the <br />Congressional authorization for the C-BT Project as contained in Senate <br />Document 80. These operational changes seriously and adversely affect the C- <br />BT Proj ect's purpose in derogation of Petitioners' rights and therefore require <br />Congressional approval. <br /> <br />21. Reclamation has not sought or obtained Congressional approval for these <br />operational changes. <br /> <br />VI. RELIEF REQUESTED <br /> <br />WHEREFORE, Petitioners respectfully request that this Court: <br /> <br />1. Declare and decree that Reclamation must maintain Green Mountain Reservoir <br />with 152,000 acre feet of usable capacity and enjoin Reclamation to operate and <br />maintain the C-BT Project in compliance with Senate Document 80, its <br />authorizing legislation, and all applicable laws specified in this Petition. <br /> <br />2. Declare and decree that so long as adequate physical supplies are available in <br />Green Mountain Reservoir, Reclamation must make releases from the 100,000 <br />acre foot compensatory pool sufficient to satisfy the requirements of the West <br />Slope beneficiaries of Green Mountain Reservoir, including the River District, <br />Association, OMID, PID, GVIC, and Middle Park, in preference to releases to <br />replace C- BT Proj ect diversions to the East Slope. <br /> <br />15 <br />