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<br /> <br />o <br /> <br />Moving Blue Mesa's Marketable Yield to <br />the Front Range: A Myth <br /> <br /> <br />The Upper Basin's water has long been eyed for its trans- <br />mountain diversion potential."' Most of these projects were pro- <br />posed during the 1940s and 1950s-the heyday of huge federal <br />water projects-near a time when Floyd Dominy (an outspoken <br />advocate of large dams subsidized by the federal government) ran the Bureau and the <br />"Iron Triangle" (comprised of the Bureau, members of Congress, and local project <br />sponsors) was at the height of its influence. Anything seemed possible, whether or <br />not economically or ecologically justified, because federal tax revenues would pay for <br />it. These proposals ultimately foundered because of their huge cost and absence of <br />economic need and also because Congress decided to build the Curecanti Unit (later <br />renamed the Aspinall Unit) as part of the Colorado River Storage Project. <br /> <br />By the mid-1980s, only two proposals remained: the Collegiate Range Aurora <br />Project and the Union Park Project. Both have been put to rest: the water rights appli- <br />cation for the Aurora Project was dismissed by Water Judge Brown in 1991" and <br />Judge Brown's dismissal of the Union Park application was upheld by the Colorado <br />Supreme Court in November 2000.'" The Union Park case made it clear there is <br />insufficient unappropriated water in the Upper Gunnison Basin to support a trans- <br />mountain diversion. <br /> <br />But is there enough "surplus" appropriated water available for sale? Some <br />contend there is, that 240,000 AFA of water, or even more, is available out of a "mar- <br />ketable yield" from the Aspinall Unit." Our close review of the question reveals that, <br />due to legal, political, and other reasons, it is unrealistic for Colorado's Front Range to <br />rely on a "marketable yield." <br /> <br />All water arising in the basin already is being put to full beneficial use, as <br />Chapter 1 describes. Exporting this water from the basin would compromise these <br />uses, especially in a prolonged drought. Exporting water from the Gunnison from the <br />alleged "marketable yield" is likely unlawful under-water right decrees for the <br />Aspinall Unit, which contemplated that water stored by the Aspinall Unit would be <br />used in-basin only. Gunnison water must meet environmental purposes required by <br />law, uses that would be infringed upon by an export of water to the Front Range. In a <br />prolonged drought, our State's delivery obligations under the Colorado River Compact <br />will leave little or no water on which to rely, rendering the economics and financing <br />of an export of marketable yield extremely problematical. In addition, a water export <br />to the Front Range would face daunting procedural hurdles under federal and local <br />law. The common thread underlying all these issues: exporting Guncison water <br />leaves no return flows in the basin. In contrast, new in-basin uses leave much or all <br />of the water in the basin to support additional, downstream uses. <br /> <br />Gunnison Basin Water <br /> <br />. 17 . <br />