BOARDSEP03

• Board Meeting Date: 9/22/2003
• Description: Petition to Enforce the Provisions of the Blue River Decree
• Board Meetings - Doc Type: Other

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authorize the delivery of irrigation water from the Colorado River to approxi-
mately 35,000 acres ofland in the vicinity of Grand Junction, Colorado. GVIC
provides such supply to beneficiaries of the Blue River Decree and Senate
Document 80.

9. Reclamation is an agency of the United States Department of Interior.
Reclamation is the owner of the C-BT Project and is responsible for the
operation and management of the Project.

III. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to the Blue River Decree,
specifically the October 12, 1955 Decree at 17, October 12, 1955 Judgment at
13, and October 29, 1957 Supplemental Order Dismissing Reserved Question and
Amending Decree, which provided that ""this Court retains continuing
jurisdiction for the purpose of effectuating the obj ectives of this Final Decree,
including specifically but not by way oflimitation, further interpretation of
Senate Document No. 80 and the enforcement of the provisions thereof."

2. This Court also has jurisdiction under 28 U.S .C. S 1331 because the claims arise
under the laws of the United States. The Court is authorized to grant the relief
requested under the Declaratory Judgment Act 28 U.S .C. SS 2201 and 2202, the
Administrative Procedure Act, 5 U.S.C SS 701-706, and the Mandamus Act 28
U.S.C. S 1361.

3. Venue in this Court is proper pursuant to the Blue River Decree as stated in
Paragraph III. 1 , above.

IV. FACTUAL ALLEGATIONS

1. The Blue River Decree confirms the water rights of the United States of America
for the C-BT Project, which diverts water from the headwaters of the Colorado
River basin to the East Slope of Colorado and which also releases water to the
Colorado River for West Slope uses. The C-BT Project was conceived in the
1930s as a means to provide a supplemental supply of irrigation water to farms
and ranches in northeastern Colorado. The C-BT Project was to provide "'full
protection for the present and future water requirements of Western Colorado."
Memorandum Opinion and Order entered herein on November 2, 1977.

2. The C-BT Project was authorized by Congress in 1937, Act of August 9, 1937,
50 Stat. 564,595 (1937). The Project became operational in 1943.

3. A predominant feature of the C-BT Project on the West Slope is Lake Granby
(also known as Granby Reservoir), which has a capacity of approximately
543,000 acre-feet and was constructed to store water from the Colorado River for
later diversion through the mountains to the East Slope. A lesser amount of
water is pumped into Lake Granby from Willow Creek, a nearby tributary of the
Colorado River.

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