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• <br /> • <br /> proposed bill, expands the definition of "excess water storage capacity," thereby <br /> effectively creating a larger federally subsidized storage reservoir for private use. <br /> As acknowledged in the PSOP Report, the proposal to expand the storage <br /> capacity of Pueblo Reservoir has the potential to result in further dewatering of the <br /> river as it flows through Pueblo, by providing additional storage capacity into which <br /> water can be exchanged upstream. The current ability of several municipalities to <br /> operate their decreed exchanges is limited by the availability of upstream storage, and <br /> an enlarged Pueblo Reservoir will allow more water to be exchanged. A new water <br /> supply pipeline for the delivery of additional water from Pueblo Reservoir north to <br /> Colorado Springs and neighboring communities is currently in the planning stages. <br /> The_bottom_line is that upstream_ exchanges of Arkansas River water rights that <br /> cannot be operated currently due to the limited availability of storage in Pueblo <br /> Reservoir, would be able to operate if the Pueblo Reservoir reoperation and <br /> enlargement sought in H.R. 3881 proceeds. The result will be further reduction in <br /> Arkansas River flows through Pueblo, as the exchanged water is transferred out of, <br /> rather than flowing from Pueblo Reservoir. <br /> C. Negative Impacts to the Legacy Proiect, Including Fish, Wildlife, and <br /> Recreation. The Legacy Project being undertaken at an estimated cost of $6.6 million, <br /> as a partnership between the Corps of Engineers and Pueblo, is intended to rehabilitate <br /> fish and wildlife habitat and improve public recreational opportunities in a 10 -mile <br /> reach of the Arkansas River, stretching from Pueblo Dam downstream through the City. <br /> The anticipated benefits to Pueblo and the riverine environment that will result from the <br /> Legacy Project, which is scheduled to be completed in 2004, will evaporate if Arkansas <br /> River flows substantially diminish below current levels. Pueblo believes that a <br /> wintertime flow of 100 cfs through the City is the minimum level that would be <br /> sufficiently protective of the improved wildlife habitat, re- established fish populations, <br /> and recreational aspects of the Legacy Project. The "voluntary," "target" flow of 100 <br /> cfs at the outfall of the Dam, provided for in H.R. 3881 and supporting documents <br /> is not an adequate guarantee or protection of the investment in the Legacy Project. <br /> The significant negative impacts to fish and wildlife, and recreational <br /> opportunities on the Arkansas River through Pueblo that could result from H.R. 3881 <br /> would also be contrary to the original purposes of the Fryingpan- Arkansas Project, <br /> which include "supplying water for irrigation, municipal, ... and for- other useful and <br /> beneficial purposes incidental thereto, including recreation and the conservation and <br /> development of fish and wildlife ...." Pub. L. No. 87 -590, 76 Stat. 389 (1962) <br /> (emphasis added.) The interests of the municipal water providers that are supporting <br /> the Pueblo Reservoir reoperation and enlargement should not be advanced, to the <br /> exclusion and at the expense of the other intended purposes of the original project. <br /> D. The Proposed Project Will Diminish Water Quality. Passage of H.R. <br /> 3881 will exacerbate the poor water quality conditions that exist at certain times in the <br /> Arkansas River. The reoperation and proposed enlargement will not only result in <br /> decreased quantity of water through Pueblo, but also will allow distant municipalities to <br /> 6 <br />