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Last modified
7/14/2009 5:02:36 PM
Creation date
5/22/2009 6:17:51 PM
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UCREFRP
UCREFRP Catalog Number
9570
Author
U.S. Department of the Interior.
Title
Preliminary Analysis
USFW Year
2000.
USFW - Doc Type
Wayne N. Aspinall Unit Operations and the Federal Water Right Claim, Black Canyon of the Gunnison National Park.
Copyright Material
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extent they would interfere with the purposes of Reclamation projects in the Gunnison Basin. <br />Gunnison County, the Colorado Department of Natural Resources, and other water users in the <br />Gunnison River Basin have also opposed these water right applications. <br />Following a 1991 trial, the District Court issued an Order that held there was only 20,000 acre- <br />feet of unappropriated water available for the project. In 1995, the Colorado Supreme Court <br />partially reversed the 1991 Order on the basis that the District Court adopted improper guidelines <br />in determining water availability, and sent the availability issue back to the District Court. A <br />trial was held in 1997 and a district water court judge ruled that not more than 15,000 acre-feet of <br />unappropriated water (average annual yield) was available to the project. Since Arapahoe <br />County previously stated that at least 20,000 acre-feet of unappropriated water would be needed <br />for a feasible project, their applications were denied and dismissed. We are now awaiting a <br />ruling by the Colorado Supreme Court on the project proponent's appeal. In addition, the judge <br />also agreed with Reclamation's position that a depletion allowance of 60,000 acre-feet upstream <br />of the Aspinall Unit was limited to benefitting only in-basin junior users. Thus, the proposed <br />transbasin project cannot benefit from Reclamation's depletion allowance. <br />The NPS has also initiated a resource protection study on lands within the National Park and <br />National Recreation Area. Access, maintenance, and replacement issues with both the Aspinall <br />Unit and the Uncompahgre Project will need to be considered in this study. <br />National Environmental Policy Act and Section 7 Consultation <br />Many of the studies underway throughout the basin will support Reclamation's completion of <br />draft and final environmental impact statements on operational changes for the Unit. As defined, <br />the proposed action is to implement a reasonable and prudent alternative to avoid jeopardy to <br />endangered fish from Aspinall Unit operations via long-term reservoir operation criteria. Flow <br />recommendations are expected from the Fish and Wildlife Service in late 2000 and completion of <br />an environmental impact statement is scheduled for 2002. <br />Initial public scoping activities and periodic public meetings throughout the 1990's have <br />continued to show a very strong public sentiment that the benefits of the Aspinall Unit (fish and <br />wildlife, recreation, hydropower, water supply, flood control) should be continued under new <br />operation criteria. <br />Concluding Remarks <br />The Aspinall Unit and its operation have become a significant factor in western Colorado from <br />an economic, recreational, and fish and wildlife standpoint, as well as its hydropower and water <br />storage purposes. In addition to the authorized project purposes, Unit operation is being <br />reviewed in light of compliance with the Endangered Species Act and the quantification of the <br />National Park's reserved water right. <br />A-10
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