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The Gunnison: A Basin In Balance <br />River drainage. Both Spann and Trampe hold absolute water rights totaling in excess <br />of 300 cfs, with priority dates going back as far as the late 19th Century; they typical- <br />ly divert more than 250 cfs out of the East River. The Upper Gunnison District <br />reports a total of 6,458 cfs of decreed absolute rights for irrigation purposes within <br />the District ;21 many of these rights date to back to the 19th Century as well. <br />just counting the decreed rights, irrigators divert more water than required by <br />the consumptive needs of hay and pasture.25 Ranchers maintain, however, that most <br />of the water diverted in excess of actual irrigation needs is not lost to the river sys- <br />tem, but replenishes groundwater tables and/or rejoins the river system above Blue <br />Mesa, likely within two to three weeks and certainly in the same year it was <br />diverted." <br />Construction of the Aspinall Unit had a great impact on the basin. <br />Throughout its consideration of CRSPA, Congress recognized that construction and <br />operation of the Aspinall Unit would inundate over forty miles of prime trout habitat <br />and valley bottom. Many in the Upper Basin also were concerned that the magnitude <br />of Aspinall's water rights would preclude future development premised on water <br />rights obtained subsequent to those of the Aspinall Unit, including certain additional <br />"participating projects" contemplated in CRSPA. <br />As a result of these concerns, Upper Basin interests received a commitment <br />from the United States allowing development of reservoirs and other facilities even if <br />Aspinall water rights left little water available for appropriation subsequent to <br />November 13, 1957. This commitment was finally formalized in a "Subordination <br />Agreement," also known as the "depletion allowance," in which the United States <br />agreed to subordinate its Aspinall rights up to 60,000 AFA of depletions in the Upper <br />Basin: 10,000 AFA between Crystal and Morrow Point dams, 10,000 AFA between <br />Morrow Point and Blue Mesa dams and another 40,000 above Blue Mesa Dam.27 To <br />date, about 8,373 AF of this depletion allowance is in use, 7,126 AF of it upstream <br />from Blue Mesa.28 <br />b. Lower Basin Agriculture <br />An average of 365,000 AFA of water arising in the Upper Basin is delivered to <br />the Uncompahgre Valley through the Gunnison Tunnel (absolute decree of 1175 cfs <br />with priority date 1905). In an extremely dry year, the UVWUA could divert as much <br />as 475,000 AFA. The portion of water diverted that is not consumptively used by <br />crops returns to the Uncompahgre River and then rejoins the Gunnison River at <br />Delta. <br />In the Lower Gunnison Basin, just upstream from Grand junction, the <br />Redlands Canal holds three absolute water rights for off-stream diversion: 670 cfs <br />(priority date 1911) for irrigation and power generation, 80 cfs (priority date 1944) for <br />irrigation, power and domestic uses, and 100 cfs (priority date 1994) for power gener- <br />ation. Redlands' two more senior rights can divert 750 cfs and an average of over <br />530,000 AFA.29 Due to their senior priority dates, these rights can affect water use in <br />the Upper Basin. <br />Gunnison Basin Water • 7