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.7a. 7a. 7a. nl'\' e,,? Uvl.:..J J... Gunnison River Contract Scapin. - SORTED Comments ... {Lr:?{) ",./ .' 7a. i 42. There is 300,000 acre-feet available from Blue Mesa for Gunnison Basin. -- Not for entire State -- Not available for trans-mountain diversion 1. 2.1. 32. project? If BaR is trying to restore historic flow, wbat bappens to purposes for original 7a. 2.2. 09. Need to keep contract within authorization (law). 7a. 2.2. 16. Problem - several StatefFederal agencies with differing purposes creates coordination problem. How does it create a finn, enforceable long-term contract? --Solution - contract establish central coordinating authority. May need Congressional approval similar to interstate compact. --Be consistent with existing compact(s). 7a. 26. See No. I (purpose of Aspinall is to prevent flooding) when considering peak flows. 2.2. 7a. 3. 02. Aspinall Unit built for power, and irrigation also belps pay for other projects; original intent of unit should be met flJ'st. 7a. 08. Is contract legal under Colorado River Storage Project legislation? 3. 7a. 3. 41. Does this (contract) coincide with intent of Congress? If not, Department of Interior agencies bave to override Congress. (Is this consistent with) Act authorizing Aspinall? :::'.~',,:. '. {,;i::~/'-,;; ARAPAHOE; p2, '3. The Aspinall Unit was constructed as part of tbe Colorado River Storage Project "in order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin for the purposes of regulating the flow of the Colorado River, storing water for beneficial consumptive use. making it possible for the slates of the Upper Basin to use consistently within the provisions of the Colorado River Compact, the apportionments to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for .the reclamation of arid and semi-arid land, for the control of floods, and for the generating of bydroelectric . power, as an incident to the foregoing. . . . " In connection with the Colorado River Storage Project, the Secretary is also authorized to construct public recreational facilities and facilities to mitigate losses and improve conditions for the propagation of fish and wildlife. . ARAPAHOE; p2,'4. From the text of the Colorado River Storage Project referenced above, it is clear that the Aspinall Unit does not bave decreed waler rights for the purposes contemplated in the proposed Contract. Constructing facilities for the propagation of fish and wildlife and mitigation of losses atlhe Aspinall Unit is not the same as making substantial releases for instream uses for miles downstream. Even if BUREC believes that the autbority exists within CRSPA to make releases solely for those purposes, lhe Contract sbould make it clear that those uses are incidental uses to the primary purposes of tbe Aspinall Unit, and cannot interfere with either the primary purposes of the Aspinall Unit or tbe right of Colorado to use its Compact apportionments. ARAPAHOE; p4,'1. 4. No Pavment for Water - The Contract proposes that the National Park Service ("NPS") not pay any money for the water released from the Aspinall Unit to tbe Monument. The rationale provided in tbe Contract is that the water released to tbe Monument represents water that BUREC has bistorically released for purposes of regulating the flows of tbe Colorado River, generating hydroelectric power, flood control, public recreation and the propagation of fisb and wildlife. All of -'",.-'. .......-. 19