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m. Eastern slope requirement to use water to extinction won't be considered in Phase L Tom Long questioned whether water diverted to the East Slope would be required to be reused to extinction. Ray Alvarado stated this would be considered in Phase IL Phase I won't show how water is being used on the East Slope. n. Flaming Gorge pumpback won't be considered. Albert Slap questioned if Aaron Million's project to divert water from Flaming Gorge to the East Slope was being considered in the Water Availability Study. Ray Alvarado stated there's no official Colorado govermnent position on this project. o. Conditional water rights won't be considered until Phase IL Mike McHugh of Aurora questioned whether conditional water rights would be considered. Ray Alvarado stated they will not be considered in Phase I but may be considered in Phase IL Eric Hecox stated it would be less threateiung to consider projected demand than to focus on specific conditional water rights. p. Fraser River bypass flows are being considered as anon-consumptive use. Lane Wyatt questioned whether non-consumptive uses were being limited to RICDs and in stream flows, and whether bypass flows on the Fraser River were being considered. Ray Alvarado stated Fraser bypass flows were being considered. q. Conditional water rights should be considered. Ken Spann of the Gunnison RT stated that senior water rights holders upstream of the Gumlison RICD must curtail consumption to ensure continued flows for juiuor conditional RICD rights. Juiuor water rights holders must also augment the Gunnison RICD which is a conditional water right. Therefore, if conditional water rights are not being considered, Phase I will overestimate the actual water available. i. Denver plans to make absolute its remaiiung conditional water rights on the Blue River (only 520 of 728 cfs available to Denver are now being diverted through the Roberts Tunnel from Dillon Reservoir to the North Fork of the South Platte by Denver). r. Draft reports should be forwarded to the CBRT as soon as they are available, rather than waiting until the 4-week comment period scheduled at the end of Phase I; Tom Clark. s. Tyler Martineau, Gunnison Basin represents the towns of Gunnison and Crested Butte. His concerns included: i. The 4-week review timeline is too fast. The comment period should be at least 8 weeks and preferably 90 days. ii. Stakeholders should be able to comment on each of the 10 tasks described on page 3 of the Colorado River Water Availability Study Scope as they are completed; it's a mistake to defer review of each step until the end of Phase I. iii. The Water Availability Study does not adequately define demand. It isn't clear whether demand oiily considers absolute rights, or whether it also includes conditional water rights. Limiting demand to legally decreed rights is a better definition of demand. iv. Aspinall Unit assumptions aren't clear. The Aspinall Unit includes three reservoirs on the Gunnison River: (1) Blue Mesa Reservoir, designed for water storage; (2) Morrow I: AInterbasnl Compact Coininittee~Basin Roundtables\Colorado~Ivlimrtes~2007~Minutes Sep 2007 CBRT.doc 5 10~.