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<br />~~ <br /> <br />. <br /> <br />. <br /> <br />time, flows through BLCA are not protected nor can water resource <br />development proceed in an orderly manner. <br /> <br />Goals <br /> <br />The primary goal in resolution of the water rights issues is to <br />determine the Federal commitment to the BLCA. <br /> <br />Action <br /> <br />Meetings will begin on February 15, 1991 to resolve the water <br />rights issues. Involved will be Reclamation, the NPS, the Bureau <br />of Land Management (BLM), the Colorado Water Conservation Board, <br />the Uncompahgre Valley Water Users Association, and the <br />Department of Justice. Proposals: <br /> <br />1. Negotiating a water service contract with Reclamtion and NPS <br />and/or the Colorado Water Conservation Board to provide flows to <br />BLCA. Reclamation, NPS, and the Colorado Water Conservation Board <br />would execute this contract to deliver Aspinall storage water to <br />BLCA in lieu of claiming a resArvAd water right It is proposed <br />that the BLM and the Uncompahgre Valley Water Users Association <br />also sign the contract as concurring parties. The annual volume <br />of water to be delivered would be dependent upon the volume in <br />storage and the forecasted runoff. This would ensure that water <br />released from the Aspinall Unit flows through BLCA and would <br />avoid court challenges under the quantification process. <br /> <br />2. The NPS would have the option of continuing to pursue a <br />Federal reserved water right or withdrawing its application for a <br />reserved right and relying upon its contract with Reclamation. <br />If NPS still pursues the reserved right, Reclamation would ask <br />that NPS seek the same rates and volumes identified in its <br />contract with Reclamation. Therefore the commitment to the BLCA <br />would remain the same under either scenario. <br /> <br />3. If the NPS still wants to pursue a reserved right, this would <br />require litigation in the Colorado water court with senior and <br />junior water rights holders having standing to challenge the <br />quantification. A Consent decree could be negotiated between <br />these parties that would spell out the terms and conditions for <br />the quantity of the reserved right. A contract/consent decree j <br />could provide the means of resolving the competing needs of BLCA ? <br />and the Aspinall unit in a way that provided a legally . <br />enforceable instream flow in BLCA. <br /> <br />c~ <br />\~ <br />~~ <br />