Testimony on Behalf of the City of Pueblo

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• Pueblo has been engaged for many months in discussions with the Southeastern District and the municipal water providers supporting the project, in an attempt to reach a mutually acceptable resolution of Pueblo's concerns. Pueblo has advocated, unsuccessfully thus far, for the development of enforceable limitations on uses of the increased storage capacity in Pueblo Reservoir that could further diminish outflows from the Reservoir below minimum acceptable levels. It is unreasonable and inequitable for the entities that will be able to significantly increase the value and yield of their water rights through the proposed reoperation and enlargement, to insist that they be allowed to do so to the maximum extent possible, without some reasonable level of mitigation to the impacted Arkansas River environment through Pueblo. Pueblo has also been actively participating in the Water Court processes initiated by the- Southeast-er-n -DIstrlct Aur-ora, and other- relating-to water - rights ssu -e s -- - -- - -- associated with the reoperation and enlargement of Pueblo Reservoir. Pueblo, too, is pursuing its own claim for a junior water right for recreational flows in the Arkansas River. Colorado's Water Courts, however, do not provide a ready forum or adequate remedy for the injuries that will be caused by the significant additional depletion of flows that will occur as a direct result of H.R. 3 881 and the proposed project. A. Arkansas River Flows through Pueblo Already Diminished. Since construction of Pueblo Reservoir, the flow regime of the Arkansas River as it runs into and through Pueblo has been increasingly the subject of management and manipulation to satisfy the needs of the agricultural and municipal interests that rely on water from the River. One significant impact is a very substantial reduction in flows in the River from mid - November to mid -March each year. During this period, the Southeastern District operates its "winter storage program," and the outlet on Pueblo Reservoir is virtually shut down. Attached at Tab C are two recent photographs depicting the Arkansas River with winter flows (measured at approximately 70 cfs on the day of the photos) through downtown Pueblo. Flows in the River increase during the spring and summer months when releases of water called for by downstream irrigators are made. The existence of Pueblo Reservoir just upstream of the City diminishes flows in the Arkansas River through Pueblo by allowing for the upstream "exchange" of water into the Reservoir of water that has traditionally flowed through the City to satisfy downstream water rights. Under these exchanges, which are the subject of Water Court decrees, water is stored in Pueblo Reservoir, rather than being taken out of the River at original points of diversion downstream, thereby reducing the flow of the River through Pueblo. Such decreed exchanges are currently being operated by the Cities of Colorado • Springs and Aurora, among others. B. H.R. 3881 Will Further Reduce Flows. The authorization of H.R. 3881 for reoperation of the east slope facilities of the Fryingpan - Arkansas Project (Sec. 3 of the proposed bill) will take effect immediately to facilitate additional exchanges of downstream water rights to storage and conveyance facilities upstream of Pueblo. This reoperation is sought because the authority of the Bureau of Reclamation to enter into contracts for the storage of "non- project" water in Fryingpan - Arkansas Project facilities has been challenged. In addition, the PSOP Report, specifically incorporated in the 5