C.R.C.P. 26(a)(2) Disclosures of The CWCB, Case No. 02CW38

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Under this factor, in my opinion the adjudication and administration of the claimed water right may impair to some unknown degree the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlement. • 4.5.2. The proximity of the RICD to the state line. If a proposed RICD water right is at or near the state line, it potentially can call all upstream junior water rights. River flows under a such a right in that case would leave the state unused. Thus, such a right has the potential to make it much more difficult for additional junior upstream development. However, any proposed RICD water right can affect new upstream juniors and the impact depends upon the size and uses contemplated under the junior right. It does not necessarily follow that the farther upstream an RICD is the less impact it has. White the proposed RICD water right is located approximately 150 miles . upstream from the state line and upstream from major facilities in the Gunnison Basin, such as the Aspinall Unit, the Gunnison Tunnel, and the Redlands Power Canal, it does not mean there is no impairment to Colorado's ability to fully develop its compact entitlements in my opinion. 4.5.3. The proximity of the RICD to suitable upstream points of diversion or storage which may be utilized by those who would place the water to consumptive • beneficial use. The proposed RICD water right is located downstream from the proposed Union Park project, which if developed would divert water for use on the • eastern slope in Colorado. The water rights conditionally decreed to the Union Park Project are senior to the claimed water right. Therefore, development of these senior water rights will not be affected by the claimed water right. However, exchanges of water upstream to Taylor Park and possibly to Union Park, as discussed in the Colorado Water and Power Development Authority study have not been decreed in any form and could be affected by the proposed RICD. Water right applications for other configurations of the Union Park Project, such as filed by Aurora, were withdrawn, and it is uncertain at this time if such would be refiled. Additionally, we recognize that the proposed RICD water right is downstream from areas that may be developed for use within the Gunnison River Basin. The Aspinall Unit Subordination Agreement enhances these additional development opportunities,- by'eliminating the potential senior call of the Aspinall Unit to upstream junior development in the Upper Gunnison Basin in Colorado. This subordination agreement does not affect the operation of the senior call of the Gunnison Tunnel or the Redlands Canal. The report of Helton and Williamsen; P.C. for the Colorado River Water Conservation District and the UGRWCD references depletions upstream from the Aspinall Unit with priorities equal to or junior to the Aspinall Unit priority of November 13, 1957. The report estimates that as of 2000, there were 7,126 acre -feet of such depletions above Blue Mesa Dam, as compared to the allowance of 40,000 acre - feet under the Subordination Agreement. Although there is development opportunity available for some 33,000 acre -feet of water within the Upper Gunnison Basin under the Subordination Agreement, we are uncertain as to how much may actually be available in the Basin upstream from the whitewater course to new junior water rights. We are also aware that there are conditional water rights senior to the claimed water right that 13 of 17