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

• Description: For the River Colorado Water Conservancy District
• State: CO
• Basin: South Platte
• Basin: Colorado Mainstem
• Water Division: 1
• Date: 10/1/2000
• Author: Helton & Williamsen, P.C.
• Title: Analysis of Colorado-Big Thompson Project Operation with Respect to East Slope Diversions and Non-charge Deliveries
• Water Supply Pro - Doc Type: Report/Study

• •
Maryanne C. Bach
Brian Person
October 6, 2000
Page 2
the 1922 Colorado River Compact requirement that water be withheld in Colorado
only for "domestic and agricultural uses." The CBT Project must be re- operated.to
come into compliance with the 15 Mile Reach PBO and Recovery Program
requirements. Violations of the Colorado River Compact must terminate. This letter
is intended to explain the River District's specific concerns and to initiate further
discussion between Reclamation and the River District concerning the appropriate
operation of the CBT Project.
BACKGROUND FACTS
A brief review of the salient provisions of Senate Document 30 will serve as
background for the ensuing discussion. As you know, certain provisions of Senate
Document 80 have been incorporated into the decree confirming water rights in the
Colorado and Blue Rivers for the CBT Project in Case Nos. 2782, 5016 and 5017,
U.S. District Court for the District of Colorado (the "Blue River Decree "). The
Blue River Decree confirms that the USA must operate the CBT Project and all of its
units in conformity with the portion of Senate Document 80 entitled "Manner of
Operation of Project Facilities and Auxiliary Features." The 1978 Supplemental
Judgment and Decree in the same cases further specified that the Bureau of
Reclamation is a trustee responsible for the protection of West Slope interests in its
operation of the CBT Project. The 1978 decree also held that the River District and
other West Slope parties to the proceeding are proper representatives of the West
Slope beneficiaries of the CBT Project.
The pertinent provisions of Senate Document 80 are as follows:
1. The CBT Project contemplates the maximum conservation and use of
the waters of the Colorado River. Page 2.
2. The CBT Project must be operated to maintain conditions of river flow
for the benefit of domestic and sanitary uses of this water. Paragraph 5, page 3.
3. The operation, maintenance, and use of the CBT Project is subject to
the Colorado River Compact. Paragraph i, page 4.
4. The CBT Project shall be operated to ensure an adequate supply of
water for irrigation, for sanitation purposes, for the preservation of scenic
is