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Last modified
8/11/2009 11:38:41 AM
Creation date
9/30/2006 9:57:59 PM
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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 />purposes)." [Emphasis supplied] On the other hand, a very <br />important economic objective of the Curecanti unit from its <br />inception was the development of hydroelectric power generating <br />potentialities along a 40-mile section of the Gunnison River. <br />(See: The 1959 Report, Exhibit 182, p. 1) [See: !29 of this decree, <br />supra. ] <br /> <br />62. For the following reasons the Court reaffirms its prior <br />holding that the generation of hydroelectric power is in fact a <br />primary purpose of the Aspinall unit. <br /> <br />a. Clearly power generation is a beneficial use, and once <br />decreed, it would be entitled to call against junior decrees. <br />Vranesh, Vol. 1, Colorado Water Law, S3.2, Page 144; Sternber- <br />ger v. Seaton Mountain Elec. Licrht. Heat & Power Co., 45 Colo. <br />401, 102 P. 168 (1909). ' <br /> <br />b. Arizona Power Authoritv v. Morton. 549 F.2d 1231 (9th <br />Cir. 1977) clearly recognizes hydropower as a primary purpose <br />under the provisions of 43 U.S.C. S620. <br /> <br />c. The 1959 Economic Justification Report (Exhibit 182, <br />pages 1, 17 and 20-24) demonstrates the importance of hydro- <br />electric power to the success of the Aspinall unit. The power <br />feature of the Aspinall unit was an important aspect of the <br />study which recognized rapidly increasing needs for energy and <br />power throughout Colorado and other states in the Colorado <br />River Basin. The study report acknowledged the importance of <br />power as a revenue source, and concluded that the Aspinall <br />unit (with only. two reservoirs) would generate an power <br />benefit of nearly $3.7 million annuallv over a 100 year <br />period. (Exhibit 182, pages 20-24) The Court concludes that <br />in the absence of the hydropower purpose, the Aspinall unit <br />would probably not have been found to be economically feasi- <br />ble, and thus would not have been constructed. Thus, it must <br />be concluded that the generation of hydropower was and is, in <br />fact, a primary purpose of the Aspinall unit. <br /> <br />63. Having concluded that the use of water by the Aspinall <br />unit for hydroelectric power generation is a primary purpose, and <br />generally is entitled to impose a call against junior water rights, <br />a question still remains with respect to the provisions of 43 <br />U.S.C. S620(f) which states that: <br /> <br />"neither the impounding nor the use of water for <br />the generation of power and energy at the plants <br />of the Colorado River storage project shall pre- <br />cl ude or impair the appropriation of water for <br />domestic or agricultural purposes pursuant to <br />applicable state law." <br /> <br />64. The question posed by this language is: even if hydro- <br />power is a primary purpose, did Congress nevertheless intend to <br />preclude a call for the use of water for hydroelectric power <br />generation as against iunior water rights decreed for domestic and <br /> <br />29 <br />
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