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Last modified
7/14/2009 5:02:36 PM
Creation date
5/20/2009 10:01:32 AM
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UCREFRP
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
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WATER RIGHTS <br />Following its formation <br />in 1970, one of the <br />primary charges of the <br />Municipal Subdistrict <br />was acquiring the condi- <br />tional water rights for <br />the diversion of water <br />from the Colorado River. <br />In the spring of 1974 a <br />special referee, based <br />on the evidence present- <br />ed two years earlier, rec- <br />ommended that the <br />court grant conditional <br />decrees for the Windy <br />Gap Project. Four years <br />later, the district court in <br />Glenwood Springs <br />agreed and granted the <br />conditional decrees for <br />Windy Gap water rights. <br />Water Conservancy Act„ <br />under which the District <br />and the Subdistrict were <br />created, mandates that <br />any conservancy district <br />seeking to divert <br />Colorado River water out <br />of its native basin <br />assure that diversion <br />does not impair the <br />water rights of users <br />within that basin. The <br />Act in effect requires <br />that water storage pro- <br />jects be designed and <br />constructed to "compen- <br />sate" the Western Slope <br />for Colorado River trans- <br />mountain water diver- <br />sions by water conser- <br />vancy districts. <br />The CRWCD immediately <br />appealed to the <br />Colorado Supreme <br />Court. The state <br />Supreme Court referred <br />the case back to the <br />District Court in the fall <br />of 1979 for further defi- <br />nition of the <br />Subdistrict's Windy Gap <br />proposal. <br />The high court took this <br />action to protect the <br />Western Slope from any <br />adverse effects that <br />might be caused by the <br />Windy Gap Project. The <br />This issue was resolved <br />through provisions nego- <br />tiated in the 1980 Windy <br />Gap Settlement <br />Agreement. The <br />Subdistrict agreed to <br />provide mitigation mea- <br />sures. The court granted <br />conditional decrees <br />totaling 600 cubic feet <br />per second for the Windy <br />Gap Project on Oct. 27, <br />1980. That quantity was <br />confirmed in a final <br />absolute decree nearly a <br />decade later following <br />construction and opera- <br />tion of the Project. <br />This is a project <br />that is best for our <br />future. It is best <br />for our children's <br />future, and it is <br />best for the <br />future of our <br />state of Colorado. <br />99 <br />Colorado Sen. <br />Hank Brown <br />WINDY GAP PROJECT 7 <br />The Windy Gap inlet chute <br />at Lake Granby is 425 feet <br />in length
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