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Last modified
8/11/2009 11:38:41 AM
Creation date
9/30/2006 9:57:59 PM
Metadata
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Publications
Year
1992
Title
Transmountain Diversions in 1992 and Arapahoe County Transmountain Litigation of Gunnison River Water
Author
Hillhouse/Hultin/Spaanstra, P.C.
Description
Presentation addressing considerations applicable to a proposed substantial transmountin diversion project and issues about the Gunnison River litigation
Publications - Doc Type
Historical
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<br />the CRSP reservoirs were full at the beginning of the period <br />enabled the Bureau of Reclamation to release water to satisfy the <br />compact obligation to the lower basin thus allowing water users in <br />the upper basin to continue to divert. <br /> <br />55. The CRSP accomplishes its flood control purpose by <br />utilizing runoff forecasts from the National Weather Service and <br />drawing down the CRSP reservoirs during the January through April <br />period each year so that the peak of the spring runoff can be <br />stored and flood protection provided. <br /> <br />a. An additional benefit under the flood control use is the <br />avoidance of ice jams in the Gunnison River upstream of Blue <br />Mesa Reservoir. To accomplish this purpose, the United States <br />releases large quantities of water from Blue Mesa Reservoir <br />each year. The Union Park Project will not alter the need to <br />operate Blue Mesa Reservoir for these purposes. Once this <br />water is released, the Reservoir may be refilled in order to <br />accomplish the other decreed purposes and the United States <br />may place a senior call on'the Union Park project to accom- <br />plish this filling. <br /> <br />b. In 1983, 1984 and 1986, the Aspinall Unit provided <br />significant flood control benefits through storage of flood. <br />flows. In 1983, draw down and subsequent storage of flood <br />flows in the Aspinall Unit reduced flows near the City of <br />Delta from an estimated 29,000 c.f.s. to 20,000 c.f.s., a <br />reduction of 9,000 c.f.s. for which the Corps of Engineers <br />estimated flood damage reduction of $1,000,000. In 1984, <br />operation of the Aspinall Unit for flood control reduced peak <br />flows at Delta by an estimated 14,000 c.f.s. for $5,000,000 in <br />damage reduction. In 1986, operation of the 'Aspinall Unit <br />provided damage reduction of approximately $800,000. <br /> <br />56. The CRSP provides recreation through the investment of <br />millions of dollars in facilities around the CRSP reservoirs in <br />operation by providing conservation storage which in turn provides <br />large water surfaces which are ideal for recreation purposes. In <br />addition, the sustained releases from the reservoirs in the summer <br />and fall provide rafting, canoeing and recreation opportunities in <br />the rivers below the reservoirs. The Aspinall Unit serves its <br />recreation purpose by providing a pool of water in Blue Mesa <br />Reservoir which is heavily used by visitors to the Curecanti <br />National Recreation Area. <br /> <br />57. The Court recognizes that it previously held that <br />recreation was not a primary purpose, and thus concluded that the <br />United St~tes could not make a call for the use of water solely for <br />recreational purposes. In making said ruling on recreation, the <br />Court relied on Jicarilla ADache Tribe v. United States, 657 F.2d <br />1126 (10th Cir. 1981). Having now heard the evidence in this case, <br />the Court finds that the waters impounded in the reservoirs of the <br />Aspinall Unit are not used solely for the purposes of recreation, <br />and thus the Jicarilla holding is inapposite here. However, even <br />if the water were used solely for recreation at the Aspinall Unit, <br /> <br />27 <br />
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