July 24 06 Minutes IBCC Colo Basin

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owes to Xce1 for the power that Xce110ses due to the call reduction. 5) Denver cannot require Xce1 to relax its Shoshone call if it would result in the Grand Valley water rights holders exercising their Cameo Call. 6) The agreement runs from January 1,2007, through February 28,2032. This agreement replaces the earlier agreement negotiated between Denver and Xce1 dated April 14, 1986. IfXcel ever sells its Shoshone water rights, Denver has "an equal opportunity to purchase the water rights as all others." 7) On August 8, 2006, Denver citizens will vote to approve the agreement. 8) Bill Bates mentioned that, based on historic flows, if the new agreement were in place Denver would have exercised its right to reduce the Xce1 call only twice before, in 1977 and 2003. 9) Several members of the roundtable objected to this agreement on the following grounds: 3. Louis Meyer reported that the call reduction would injure western slope users, particularly the City of Rifle which must spend $10-20 million to retrofit its water treatment plants to account for increased salinity and mineral concentrations that result from the reduced flows. b. River recreation users in Garfield County would also be hampered by the reduced flows. c. Ken Neubecker mentioned that this demonstrates why a water needs assessment is so important for the Colorado River, since Denver and Xce1 entered into the agreement without understanding how it would affect the quality of the Colorado River. In particular, salinity and mineral content increases due to the call reduction. d. Chuck Ogilby objected to the private nature of this deal. Since Denver and Xce1 are public entities, they owe a duty to their citizens to hold open hearings on a topic as important as this. e. Louis Meyer asked whether the Colorado River Water Conservation District was involved in the negotiations between Denver and Xce1, and Dave Merritt reported that Colorado River Conservation District was not privy to the discussions, but that they were aware of them, and provided limited input. Chuck Ogilby mentioned that he requested the Colorado River Water Conservation District to be involved, but they declined. f. Thomas Clark mentioned that this was an agreement between private parties, and that they were not required to permit public participation. g. Eric Hecox mentioned that the roundtables are designed to provide a forum where L\CWCB Imaging\Caleb\Minutes\Colorado\2006\July 24 06 Minutes IECC Colo Basin.doc 3