WSP00433

• File Number: 8141.600.20
• Description: Fryingpan-Arkansas Project - Studies - Environmental Studies
• State: CO
• Basin: Arkansas
• Water Division: 5
• Date: 4/16/1975
• Author: US DoI BoR
• Title: Final Environmental Impact Statement Volume 2 of 2, Pages XI-422 to XI-519
• Water Supply Pro - Doc Type: EIS

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SUBJECT: MINIMUM RESERVOIR POOLS

.

1. Issue: The Bureau can appropriate itself
the Operating Principles, the excesa water in
recreation purposes.

under Paragraph 17 of
Ruedi and hold it for

Rabed by:

Representing

Joseph Edwards
*Tam Scott
*Stacy Standley
*Murray Pope

Pitkin County Commissioners
Colorsdo Rivers Council
Mayor of Aspen
Himself (Letter of June 4, 1974)

Response:

Paragraph 17 of the Operating Principles states that "The Secretary of
the Interior ahall at any time after authorization of the Project
have the option to obtain or require the transfer to the United Statea
of any and all rights initiated or acquired by appropriation as herein
set forth: Provided, however, Thst the rights so taken shall be
subject to a beneficial use of such water as may be provided in the
repayment contract or contracta, and subject to all the operating
principles herein set forth."

The Water Court in Water District No. 38 adjudicated the water rights
for Ruedi Reservoir on Auguat 3, 1959, and awarded the Fryingpan-
Arkansas Project a conditional right with a priority of July 29, 1957.
The court atipulated that the total capacity of Ruedi Reservoir
consisted of both replacement and regulatory capacity. The replacement
capacity is that portion of the total capacity required to permit
Project diversions at times when such diversions could not otherwise
be. !!!.!!.d~ ~~':~lIRP nf simultaneous demands of senior diversioDs in
western Colorado.

.

The regulatory capacity ia that portion of the total capacity not
needed for replacement purposee. Water stored in this category aay
be sold or leased by the United States to water usera in western
Colorado for any purpose recognized by the laws of the United States,
provided that the sale of water for use outside the natural basin of
the Colorado River can only be made with the consent of the Colorado
River Water Conservation District.

Paragraph 17 of the Operating Principles does not authorize the United
States to appropriate the regulatory capacity in Ruedi Reservoir and
hold it for recreation purpoaes. This paragraph simply givea the
Secretary of the Interior authority to require the Colorado River Water
Conservation District to transfer its water rights relating to Ruedi
Reservoir to the United States.

.

XI-463