9527

• UCREFRP Catalog Number: 9527
• Author: Northern Colorado Water Conservancy District.
• Title: The Windy Gap Project.
• USFW Year: no dat
• USFW - Doc Type: Loveland, CO.
• Copyright Material: NO

MUNICIPAL SUBDISTRICT (CONTINUED)
I '
The four 12,000-horse-
power pumps at Windy
Gap can discharge 600 cfs
combined
With no opposition
voiced, the court
approved formation of
the Subdistrict on
July 6, 1970. The
Subdistrict became a
political subdivision of
the State of Colorado
and a separate and
independent conservan-
cy district with
the same
powers and
legal standing
as the parent
NCWCD.
By statute,
the
Subdistrict
Board of
Directors is
the same as
the District,
though the
Subdistrict
elects a dif-
ferent slate of
officers than
the District. These two
agencies are headquar-
tered in the same
Loveland office and
share many of the
same resources, staff
and equipment.
Carriage Contract
After its formation,
the Subdistrict nego-
tiated a Carriage
Contract with the USBR
and NCWCD specifying
how Windy Gap water
would be stored and
carried to the Eastern
Slope cities through the
C-BT Project. The
Carriage Contract exe-
cuted in October 1973
was a crucial first step
in the development of
Windy Gap. With the
ability to use excess
capacity of the existing
C-BT Project's storage
and conveyance facili-
ties, the Project is eco-
nomically and environ-
mentally viable.
Litigation
Following execution of
the 1973 Carriage
Contract, the Colorado
River Water
Conservation District
(CRWCD) filed a lawsuit
seeking to invalidate
the Carriage Contract
for alleged failure to
comply with the
National Environmental
Protection Act (NEPA)
and the Administrative
Procedures Act. The
court confirmed the
legality of the contract
in 1977 after three
years of litigation.
6 WINDY GAP PROJECT