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<br />001133 <br /> <br />1996). <br /> <br />Similarly, with the marketable pool, the United States <br /> <br />has identified water that it can make available for consumptive <br /> <br />uses within Colorado. The use of this pool can appropriately <br /> <br />turn on requests being made to the United States for contracts. <br /> <br />The reasoning is simple: <br /> <br />the United States is currently using <br /> <br />the water for largely non-consumptive uses, with a commitment to <br /> <br />deliver the water to meet Compact obligations as necessary. The <br /> <br />decrees formalize that entitlement. <br /> <br />BUREC has calculated that <br /> <br />with reengineering it could contract away 240,000 acre-feet of <br /> <br />water to consumptive uses without abridging its commitment. <br /> <br />Arapahoe County cannot defeat the intended operation of this <br /> <br />marketable pool in priority by (1) assuming that the United <br /> <br />States will not make this water available for the decreed <br /> <br />consumptive purposes of the Aspinall Unit; and (2) asserting an <br /> <br />independent right to use it outside of a contract with the <br /> <br />United States for its use. See City & County of Denver v. <br /> <br />United States, 935 F.2d 1143, 1150-51 (10th Cir. 1991). <br /> <br /> <br />The water court made a factual finding that Aspinall's <br /> <br />marketable pool consisted of 240,000 acre-feet of water <br /> <br />available for consumptive use. BUREC currently uses this water <br /> <br />for multiple decreed purposes, and has contracted with others <br /> <br />for only a small fraction of the total available marketable <br /> <br />pool. The United States conceded on oral argument that both the <br /> <br />Eastern and Western Slopes could use this pool beneficially <br /> <br />44 <br />