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<br />1 <br /> <br />, <br /> <br />e <br /> <br />EXPLANA TOR Y RECITALS <br /> <br />WHEREAS, the United States, acting through the Secretary of the Interior, constructed the <br />Fryingpan-Arkansas Project, authorized by the Act of August 16, 1962 (76 Stat. 389), as <br />amended by the Act of October 27,1974 (88 Stat 1497), and the Act of November 3,1978 <br />(92 Stat 2493), hereinafter collectively referred to as the "authorizing legislation," to construct, <br />operate, and maintain, in substantial accordance with H. Doc. 187, 83rd Congress, I st Session, <br />as modified by H. Doc. 353, 86th Congress, 2nd Session; and <br /> <br />WHEREAS, Section 3 of the authorizing legislation states that the Fryingpan-Arkansas <br />Project shall be operated in accordance with the operating principles set forth in House <br />Document 130, 87th Congress, 1st Session, hereinafter referred to as the "operating principles;" <br />and <br /> <br />e <br /> <br />WHEREAS, Section 4 ofthe authorizing legislation directs the Secretary to investigate, plan, <br />construct, operate, and maintain facilities for the conservation and development of fish and <br />wildlife resources, and that the costs of such undertakings shall be nonreimbursable and <br />nonreturnable under Reclamation laws; and <br /> <br />WHEREAS, Section 5.e. of the authorizing legislation directs the Secretary of the Interior in <br />the operation and maintenance of all facilities of the Fryingpan-Arkansas Project to comply with <br />the laws of the State of Colorado relating to the control, appropriation, use, and distribution of <br />water therein, including those laws of the State of Colorado relating to the establishment of <br />minimum streamflows for the reasonable protection of the natural environment to the extent that <br />such laws are not inconsistent with the operating principles; and <br /> <br />e <br /> <br />2 <br />