BOARD01830

• Board Meeting Date: 5/11/1998
• Description: WSP Section - Colorado River Basin Issues - Vallecito Reservoir Transfer Legislation
• Board Meetings - Doc Type: Memo

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protected;
3) The issuance of an amendment to the Federal Energy Regulatory Commission (FERC) license
to revise the annual charges for the hydropower User;
4) A submission by the Secretary of a statement oflhe existing conditions ofVallecito Dam
based on current knowledge and understanding;
5) The development of an agreement between the District and the Bureau ofIndian Affairs on the
operations of the Va/1ecito Dam and Reservoir for BrA's 1/6 interest.
6) The submission of a management plan between the District and the residents of the Vallecito
Reservoir to address issues of recreation management, public access. and for the prevention of
growth on certain lands to be conveyed to the District; and
7) The development of a flood control plan bv the ~,,"rpt.ry ",.1", }\-""", ",Mol> #h~11 .11......., lllc
v.t^'''''''vu~ v{ me earn and reservoir by the District.

Outstandinll Concerns: Whilc it is clear that Pine River Irrigation District has taken a number of
important steps to address the concerns of local residents, the Southern Ute Indian Tribe, the
Forest Service, the BlA and other Federal, state, and local government agencies -- it is important
to note that there are still some concerns raised by the local community which cannot be
overlooked. In particular. some in the local community are concerned about how quickly the
District is moving :his legislation and that there has not been a thorough analysis of the
. implications. However, there are numerous opportunities established in H,R. 3715 for further
comment before title could be transferred. Furthermore, if the conditions established in Section
6 are not met, then title will remain in the name of the United States.

)f<SChnical Arnendments: Mr. Chairnlan, there are se\'eral technical or clarif.ving "m..ntl......... ,,-
n.od '0 I... .u...J~ ",,,n,,c IlllS Olll moves forward:

1) Section (2) Definitions: The definition of Repayment Contract needs to be modified to
accurately identify all the existing contracts on this Project. After November 30, 19SJ, should
insert "and all amendments and aciditions thereto, including the Act of July 27, 1954, 68 Stat
534."

2) Section 3(b) . Price: Delete $492,000 and insert "shall be determined by the Secretary based
on fa<:tors identified by the Secretalj' and the District."

3) Section 3 (d) BUREAU !IF r~D1AijAFFAIRS ~F-ES1; Mathe phrase ". . . water
supply mode available by Valleciro Reservoir" insert "pursuant to the Memorandum of
Understanding between the Bureau of Reclamation an the Office ofllldian Affairs dated January
30. 1940, together with its Amendmcnt dated July 9, 1964 (MOU), the Repayment Contract and
decrees in Case Nos, 184R-~ "ntl W_1602 '10,0;0"'.' c"'...., ........cIDlvl$IQn I, state or
Colorado." This will more clearly define the existing agreementS on management ofthc
VaIlecito Reservoir between the Bureau oflndian Affairs and the Bureau of Reclamation,

4) Seolion (i(8)(5) CONVEY ANC~: At the end oflhe paragraph. insert the phrase "Sueh

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