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<br />..I... ~,J 1ft ("Ii, ,.".. <br /> <br />'002043 <br /> <br />potential solutions within their service areas. There has been no suggestion that existing <br />water law or the lack of an express right to claim any saved or salvaged water produced <br />through installation of BMP's has hindered the nonpoint program. <br /> <br />The regulation and protection" of wetlands by the federal gove=ent arises out of. <br />Section 404 of the CWAWhile wetlands protection does not generally result in saved or <br />salvaged water, certain mitigation measures conceivably could require conversion of <br />historical irrigation water rights to wetland replacement purposes. More typically wetlands <br />preservation has posed an obstacle to improving irrigation efficiency, since wetlands created . <br />by irrigation losses are jeopardized by reductions in those losses. <br /> <br />2. U.S. Army COIl's of Engineers (COIl's) <br /> <br />The Corps has dual roles acting as a regulator and also a project developer and operator. <br />Major facilities operated by the Corps include John Martin and Trinidad Reservoirs in the <br />Arkansas basin and Chatfield, Bear Creek and Cherry Creek Reservoirs in the South Platte <br />basin. Re-allocation of flood control capacity at federal reservoirs could result in new ways <br />of managing irrigation water and possibly produce saved or salvaged water. Revised <br />operating procedures at these facilities could reduce evaporation losses or in otber ways lead <br />to water salvage. Under its Section 404 permit responsibilities the Corps could require <br />improved irrigation efficiencies as mitigation for wetland impacts of new irrigation <br />development (similar to the conservation measures Denver was required to adopt during <br />Two Forks permitting). Since the typical new irrigation development involves supplemental <br />water for existing senior but inadequate water rights; mandated conservation could result <br />in salvage or savings of water available under those existing rights. <br /> <br />16 <br />