Analysis of Colorado-Big Thompson Project Operation With Respect to East Slope Diversions and Non-Charge Deliveries

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Maryanne C. Bach Brian Person October 6, 2000 Page 3 attractions, and for the preservation of fish life. The determination of the need for and the amount and times of release of water from Granby Reservoir to accomplish these purposes shall be made by the Secretary of the Interior, whose findings shall be final. Paragraph 1, page 5. 5. The CBT Project was intended as a source of "supplemental" water supply for irrigated lands in northeastern Colorado. Pages 7 -9. 6. The usual demand for supplemental irrigation water begins July 1 to 15 and extends to September 15 to 30. The outlets of the reservoirs are planned to deliver this supplemental water from the reservoirs in 60 to 75 days. Page 22. 7. There is an average of I6,000 acre feet of surplus water in the Big . Thompson drainage available for storage in the Eastern Slope components of the CBT system, mainly in May and June. In order to utilize this water, it is necessary to reserve capacity in the reservoirs on the Eastern Slope (Horsetooth Reservoir and Carter Lake) until toward the latter part of June. Snowfall will be known well in • advance so that operations of the several parts_of the system can be adjusted to take care of this water and hold back an equal amount in Granby Reservoir. Page 23. The Blue River Decree was approved by Congress in 1956 as part of the Colorado River Storage Project Act, 43 U.S.C. 620j. Both the Colorado Supreme Court and the U.S. Court of Appeals for the Tenth Circuit have recognized that the obligations imposed on the United States by Senate Document 80 are in the nature of a contract and affirmed the duty of the United States as trustee to take all necessary steps to protect the Western Slope interests. U.S. v. Northern Colorado Water Conservancy District, 608 F.2d 422, 430 (10`h Cir. 1979); Supplemental Judgment and Decree dated February 8, 1978 in Case Nos. 2782, 5016, and 5017, U.S. District Court for the District of Colorado; Findings of Fact and Conclusions of Law dated September 20, 1956 in Case No. 2782, U.S. District Court for the District of Colorado; Denver v. Northern Colorado Water Conservancy District, 276 P.2d 992, 1012 (Colo. 1954). NON- CHARGE (FREE WATER) PROGRAM The Northern Colorado Water Conservancy District ( "Northern District ") operates what it refers to as a "non- charge" program for the delivery of water to 1 ]