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<br />is some environmental litigation over the project's compliance, or <br />lack of compliance with some of the laws I have mention~d. Despite <br />the project's sacred status, Jeris Danielson and David Walker are <br />quoted in the Denver Post Article as saying that they are certain <br />there is not enough money to finish Animas-La Plata, as designed. If <br />the state and local entities cannot come up with the roughly $200 <br />million to finish a sacred Colorado project, where will Colorado ever <br />come up with $4 billion dollars to develop the remaining 800,000, of <br />which Animas-La Plata represents only a part? <br /> <br />Dam Sites <br />Second on my list is dam sites. These eight factors are in no <br />particular order, although money seemed to come first, somehow. Most <br />of the dam sites have been used. Those that remain are in some pretty <br />dicey locations from a water developer's perspective. They are in or <br />above wilderness areas, or proposed wilderness areas where water <br />project development-is off-limits. They are above the habitat, or in <br />the habitat of endangered fish, where very severe constraints effect <br />any further depletions. They are above some very valuable stretches <br />of recreational river, where the rafting industry has set down its <br />foot and is likely to be hard to budge. For example, West Water <br />Canyon on the Colorado, just over the Colorado border into Utah is a <br />wonderful stretch of rafting river that is booming with tourist <br />activity and rafting outfitters. This lack of dam sites is the second <br />constraint on consumptive development of Colorado's unused share. <br /> <br />Legal Constraints <br />The third force, I eluded to earlier, are the legal constraints. The <br />laws, and there are many of them, could be the subject of many more <br />presentations. My point is that the Endangered Species Act, the Clean <br />Water Act, the Wild and Scenic Rivers Act, and the Wilderness Act, are <br />some of the laws which have very real effects on how much water a <br />proj ect is allowed to deplete from a stream, if any, and the <br />conditions and costs that would be placed upon those depletions. The <br />costs and conditions often discourage the ultimate development, or the <br />follow-through on a project. <br />There are other kinds of legal constraints. For example, <br />reserved rights relates back to wilderness bills. The Arizona <br />Wilderness Bill, a couple of years back, established reserved rights <br />for the very low areas on the Colorado and its tributary explicitly <br />in the legislation. <br />Another legal constraint determines where water has to be flowing <br />in-streams and how much. There are state acts, and Colorado has one. <br />Most of the western states have in-stream-flow laws that affect this <br />questions of how much water is in the stream and how much can be taken <br />out. <br /> <br />Economics <br />The fourth constraint is economics. I am referring to economics <br />as the relative value of water left in the stream versus water <br />storage. Tourism, of which rafting and fishing are important <br />components, is a strong force in Colorado's economy. It is closing <br />in on first place in the other Upper Basin states. This has changed <br />people's perspective on how important it is to leave water in the <br /> <br />21 <br />