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Moving Blue Mesa's Marketable Yield: A Myth By comparison to the misconception over quantity, the definition of mar- ketable yield from the Union Park litigation remains useful: it is water that is left over after all other purposes of the Aspinall Unit have been met. In other words, the many purposes of the Aspinall Unit, explained previously, should be satisfied first before any marketable yield can be quantified. As the River District noted in an August 2001 letter to Secretary Gale Norton: "The amount of water available [as marketable yield] after meeting these commitments, other priorities, and the Park needs, cannot yet be determined."" The following sections discuss "these commitments and other priorities" beyond the existing uses that were discussed in Chapter 1. D. Future Uses of Water Released from the Aspinall Unit Chapter 1 explains that virtually all of the water arising in the Upper Basin is already being beneficially used under valid water rights. In this section we describe the many additional uses which Gunnison Basin water will be asked to meet, includ- ing conditional water rights. After these uses are met, it is inconceivable that there would be enough water to support an economic and financially feasible trans-moun- tain diversion from the Gunnison, even if Aspinall Unit decrees allowed water impounded by Aspinall to be exported to the Front Range. 1. Major Conditional Water Rights and Their Relationship to the Aspinall Unit The priority of the marketable yield, for uses of water that are consistent with the Aspinall decrees, is the same as that of the Aspinall Unit-November 13, 1957. Thus, any water that could be put to use under conditional water rights senior to Aspinall's rights will reduce the amount available as marketable yield as long as it is used before the marketable yield water is used. This is true even if the water is not presently in use. Even conditional water rights with a priority equal to that of Aspinall may cut into the magnitude of the marketable yield because it will be up to the United States whether to meet these rights before making water available to the marketable yield. Major Conditional Rights Prior or Equal to the Aspinall Unit's Priority Date Holder Flow (cfs) Storeage (AFA) Date Use UVWUA 125 1901 Irrigation Black Canyon of United States Yet to be quantified 1933 the Gunnison National Park Tri-State: Tri-County 6000 73,000 1980; 1948 Hydroelectric and h Hydro Project er ot Upper Gunnison 1562 88,083 1957 Various District • 22 • The Land and Water Fund of the Rockies