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9 . . . Agenda Item 32 March 22 - 23, 2005 Board Meeting Page 3 of13 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 (CRBP A) 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 of the CRSP units, and section 60l(a) ofthe CRBPA specifically states: 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 of the decrees for the Aspinall Unit that was conveyed to them by the CR WCD, specifically language in Civil Action 5782 to release storage water (beyond their obligation to bypass inflow) if needed for downstream senior water rights. Mike Gross, consultant representing RedIands 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. " The CRWCD states Reclamation should make such storage releases unless Blue Mesa storage falls below minimum power generating elevation: "In the Districts' view, the term insofar as available means that Reclamation is obligated to make releases from the Unit to satisfY downstream seniors, unless the water sutface elevation at Blue Mesa is below the minimum necessary to operate the Blue Mesa power plant. " The USBR has NOT been operating Aspinall in strict accordance with this interpretation and this has been a non-issue except during extreme droughts like 1977 and 2002. The USBR interprets this as an obligation to release water in a manner that does not increase the amount or timing of administrative calls to upstream junior rights.. Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Sup.ply Protection. Conservation Planning