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<br />Mr. John Lawson <br />August 12, 1998 <br />Page 2 <br /> <br />. <br /> <br />Even in the unlikely event that the water users (both west slope and east slope users), <br />environmentalists, stales, and federal agencies involved in the Colorado River fish recovery <br />program would be open to such a "rob Peter to pay Paul" scenario, it would be illegal under <br />the Colorado River Compact. The Compact apportions "to the Upper Basin... the <br />exclusive beneficial consumptive use of 7,500,000 acre-feet per annwn".." The compact <br />defines the Upper Basin as ", ,.those parts of the states of Arizona, Colorado, New Mexico, <br />Utah and Wyoming within and from which waters natura1ly drain into the Colorado River <br />system above Lee Ferry, and also aU parts of said states located without the drainage area <br />of the Colorado River system which are now or shall hereafter be beneficially served by <br />water diverted from the system above Lee Ferry," In short, the Compact makes explicit <br />that the beneficial conswnptive use apportioned to the Upper Basin is for use exclusively <br />within the boundaries of the Upper Basin states. No upper basin state can make, or allow, <br />the use of its apportionment outside its boundaries. <br /> <br />For legal, policy, biological and economic reasons, the State of Colorado can not and wiU <br />not agree to any further examination of increasing transbasin diversions for purposes of <br />addressing endangered species needs in the Platte River basin. <br /> <br />Sincerely, <br /> <br />. <br /> <br /> <br />cc: Platte River Cooperative Agreement Governance Committee Members <br />Water Management Committee <br />Colorado Water Conservation Board Members <br />Platte River Project members <br />Mr, Dale Strickland <br />Mr. Blaine Dwyer <br /> <br />. <br />