BOARD01421

• Board Meeting Date: 9/13/2005
• Description: WSP Section - Aspinall EIS - No Action Alternative Discussion
• Board Meetings - Doc Type: Memo

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In connection with the development of the Colorado River storage project and
of participating projects, the Secretary is authorized and directed to
investigate, plan, construct, operate and maintain (1) public recreational
facilities on lands withdrawn or acquired ....by such means as are consistent
with the primary purposes of said projects; and (2) facilities to mitigate losses
of, and improve conditions, the propagation offish and wildlife.... All costs
incurred pursuant to this section shall be nonreimbursable and nonreturnable.

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Please note that power is listed as "incident to" the authorized purposes and fish and
wildlife enhancement and public recreation may benefit from CRSP operations
consistent with the primary purposes of said projects.

The 1968 Colorado River Basin Project Act (CRBPA) authorized other water projects
in the basin, including the Central Arizona Project. Authorized project purposes in
the 1968 Act included fish and wildlife enhancement and public recreation and there
has been considerable debate about whether the CRBP A amended the authorized
purposes for projects built under the 1956 CRSP Act. There is no language in the
CRBP A that specifically mentions changing the purposes ofthe CRSP units, and
section 601 (a) of the CRBPA specifically states:

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Nothing in this chapter shall be construed to alter, amend, repeal, modifY, or be
in conflict with the provisions of [the compacts, the 1944 treaty with Mexico, the
decree in AZ v. CA.] or, except as otherwise provided herein, [the Boulder
Canyon Project Act, the Boulder Canyon Project Adjustment Act.] or the
Colorado River Storage Project Act ..,

A strict interpretation of the Acts would allow releases to benefit fish, wildlife and
recreation only to the extent that those releases meet an authorized purpose of the
Aspinall Unit. The USBR is currently consulting with its attorneys on this issue.
Their decision will be reflected in the No Action Alternative and throughout the EIS
process.

2, Interpretation of CA5782 and releases for downstream users
There is a question about USBR's obligation under one ofthe decrees for the Aspinall
Unit that was conveyed to them by the CRWCD, specifically language in Civil
Action 5782 to release storage water (beyond their obligation to bypass inflow) if
needed for downstream senior waler rights.

Mike Gross, consullant representing Redlands Water and Power, Uncompahgre
Valley Water Users Association and TriCounty Water Conservancy District, cites
language in CA5782 as follows:

Crystal releases "insofar as available, be in such quantity as will satisfY at all
times prior decrees from said Gunnison River below the Crystal Dam when
commingled with the natural accretions in the channel of said river. "

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The CR WeD states Reclamation should make such storage releases unless Blue
Mesa storage falls below minimum power generating elevation:

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning