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<br /> <br />. <br />. <br />. <br />. <br />. <br />, <br /> <br />The Gunnison: A Basin In Balance <br /> <br />CD <br /> <br />The Bureau has agreed to release sufficient water to maintain a 300 ds mini- <br />mum in-stream flow from July through October between the Redlands diversion and <br />the confluence of the Gunnison River with the Colorado River."' This minimum flow <br />was deemed necessary to make the fish ladder functional. These flows appear to be <br />getting results. Many pike minnow have used the ladder since its construction and <br />several razorback suckers, recently re-introduced into the river above the ladder, <br />made it over the dam, into the lower Gunnison River, and back up the ladder in <br />2001. " <br /> <br />Severe drought conditions in 2002 led to a failure to meet these target flow <br />levels. As part of an agreement to share water shortages," the minimum flows were: <br /> <br />June <br />July <br />August <br />September <br />October <br /> <br />200 ds <br />250 ds <br />250 ds <br />100 ds <br />Ods <br /> <br />It is unclear what impact these shortages (and a continued drought) will have on <br />species' recovery. In any event, the underlying agreements permitting the sharing of <br />shortages expires in 2005. <br /> <br />3. Hydropower <br /> <br />The dams of the Aspinall Unit generate significant hydroelectricity:" <br /> <br />Blue Mesa <br />Morrow Point <br />Crystal Dam <br /> <br />96 megawatts <br />165 megawatts <br />28 megawatts <br /> <br />The Aspinall Unit's net generation for fiscal year 2000 was 819 GigaWatt- <br />hours (GWh)." Sales of this power generated over $15 million.'" Replacement <br />power-the true measure of the "worth" of Aspinall generation--could cost consider- <br />ably more than $15 million, especially during an energy crunch. Moreover, we note <br />that the $15 million does not include the additional value Gunnison water has as a <br />major component of the flow of the Colorado River, where it generates additional <br />hydropower at other federal dams downstream. <br /> <br />Since CRSPA was passed in 1956, the Colorado Supreme Court has interpreted <br />provisions of the statute in at least two important ways. First, although CRSPA states <br />hydropower is an "incident" of satisfying other project purposes, at the Aspinall Unit, <br />hydropower generation has been identified as a "primary" purpose because of its <br />important contribution to the economic feasibility of the Unit." Second, while <br />CRSPA states that hydroelectric power at Aspinall is subordinate to "domestic and <br />irrigation uses," the Supreme Court has confirmed a Water Judge's ruling that this <br />subordination applies only on an inter-state basis, so that hydropower uses of <br /> <br />Gunnison Basin Water <br /> <br />. 13 . <br />