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'" . blcaqsastxt.txt . ty of upstream darns and potential downstream flooding, among other river management issues. Therefore, the Secretary of the Interior will confer with the State of Colorado, the National Park Service, the Bureau of Reclamation, the Western Area Power Administration, t he Fish and wildlife Service, and other affected interests in order to ensure that operational decisions to exercise this right are in accord with the best available information and with full considera tion of the river management issues noted above." This qualification is significant. It seeks to assure that downstr eam developments along the river, such as around the town of Delta, will not be affected adversely by peak flows, and the Bureau of Re clamation Aspinall Unit operating parameters are recognized during peak flow releases. In effect, the claim acknowledges that the Sec retary will have to, and will, use restraint in exercising this wat er right. Implicit in the claim is also the recognition that the f ull exercise of the claim, for example the maximum peak flows, cann ot be accommodated until structural changes to portions of the Aspi nall Unit are authorized and funded by Congress. Q3: Why is the United States filing at this time? A3: The United States wants to identify those parties intereste d in the quantification of the National Park's water right to aid i n negotiations. Additionally, the claim will set out the specific parameters of the Park's water need. The other parties need this i nformation to determine their potential for being impacted, and to facilitate the negotiation process contemplated by the United State s. In addition, the Aspinall Unit endangered fish Biological Opinion p rocess under the Endangered Species Act is at a point of developmen t where the accommodation of the National Park's water needs may be achieved within any applicable requirements of the ESA. Q4: Does the United States view this claim as subordinating the water rights to any other purpose? A4: No, the claim does not subordinate the water right to any 0 ther post-1933 water right claim. It does, however, acknowledge th at the Secretary will make decisions about the exercise of the righ t only after conferring with the interested parties, and after givi ng full consideration to the structural capacity of the upstream da ms and developments along the river downstream that have the potent ial to be adversely impacted. The objective of the United States i s to arrive at an agreement among all interested parties, if possib le, regarding how the right will be exercised, including if possibl Page 2 00269.1