Hearing on HR 3881: Testimony of Steve Arveschoug

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Secondly, Section 2 of the legislation would authorize the Secretary of Interior to study the proposed enlargement of Pueblo Reservoir and Turquoise Reservoir. Both reservoirs are Fry-Ark Project facilities on the east slope. The studies would be done in cooperation with the District and would be funded by the District and the communities that are participants in the PSOP. It's important that these federal -level studies take a closer look at the many issues identified in the District's study process. While the outcome of these studies should not be predetermined, it is essential that the studies consider the District's Preferred Storage Options Plan and the many commitments to water quality, flow protection, and support of agricultural and municipal water supplies that are established in the PSOP. Without these elements - -the Long -term Water Quality Monitoring Program, Pueblo Flow Management Program, Winter Water Spill Credit, and preservation of infrastructure for the Arkansas Valley Conduit - -the development of additional storage capacity in the basin, through the enlargement of Fry-Ark Project facilities, will not meet the diverse needs of the District's constituents. In addition to the main goals of maximizing the use of existing storage capacity and planning for future enlargements, H.R. 3881 also provides authority to the Secretary of Interior to execute temporary contracts to facilitate a water bank program in the basin. The Colorado legislature approved the development of a pilot water bank program in the Arkansas basin. Section 9 of the legislation would make it clear that the Fry-Ark Project facilities could be used to support the operation of the water bank. The legislation also authorizes Reclamation to contract for the use of excess storage capacity by the City of Aurora and Pueblo West. The City of Aurora is not in the Project service area, so their use of the Project storage will at all times be subordinate to the needs of in- District water users. Pueblo West entered the District later than other communities so they are not eligible for a storage contract as described in Section 3, but will be given the option to execute a long -term If and When contract. Lastly, Section 12 of H.R. 3881 provides protections to the Colorado River basin and the Arkansas River basin. This section of the legislation was negotiated with the Colorado River Water Conservation District and parties in the Arkansas River basin for nearly a year. It assures that the use of excess capacity in the existing storage facilities of the Fry-Ark Project under the new Reclamation contracts will not be used to increase diversions out of the Colorado River basin or the Arkansas River basin without agreements and protections. It allows existing trans -basin diversions to continue so long as new infrastructure is not needed for the diversion. This section of the legislation continues to be discussed among the parties. 7