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M:S~~ '. Gunnison River Contract Scooin. - SORTED Comments 7b. ARAPAHOE; p4, '2. As stated above, incidental uses of water from the Aspinall Unit must be made available to the Monument under the constraints of the Colorado River Water Storage Project Act. By relying upon water for incidental purposes, the Aspinall Unit cannot guarantee flows to the Monument every year. Unless there is a primary purpose for that water, a river call cannot be placed 00' the Gunnison River to make that water available on a consistent basis. 7b. ARAPAHOE; p4, '3. IF BUREC determines that it desires to enter into a contract to provide a firm yield to the Monument without the constraints associated with incidental uses, it must change the use of tbe water rights for the Aspinall Unit and charge NPS for use of that water. 7b. CAMPBELL; p2,'5. In fact, few, if any, really understand or know precisely which water rights bolders are truly entitled to the waters of the Gunnison River. lbis has created a situation where existing water rights holders may be competing with one another for water. Very junior water rights . holders like the City of Delta and Colorado Ute may be left out entirely. .,- 7b. COLO_SPR; p3.#16. Is paragraph 9.a. in the nature of a "selective subordination," and if so, how will it be received by the State Engineer's office? Can this "selective subordination" be accomplished without adjudication in State water court? 7b. CREDA; p6,'1. On page 8, there is a listing of applicable Reclamation law. We would suggest that the "Law of the River" controls this proposed contract. That would include other things than the specific law cited in paragraph 6 of this contract. Also, there is no mention of. state' water law." Is it intended that water delivered under this contract not be limited by Colorado water law? 7b. NONFED75; p3,'2. 6) Paragraph 5.e. is confusing. The 300 cfs minimum flow in the Black Canyon below the Gunnison Tunnel is not intended to be met solely from direct flows as stated in the proposed contract. Reclamation's slated operating principles for the Aspinall Unit acknowledge the maintenance of a minimum flow of 300 cfs in the Black Canyon as a Federal responsibility. The operating principles provide for this flow to be met through botb direct flows and releases .from storage in the Aspinall Unit.. Reclamation has indicated that it anticipates continuing the practice of guaranteeing a minimum flow of 300 cfs in the Black Canyon once the CWCB's instream flow water right is in place. The purpose of the CWCB water right is to protect instream flows from diversion below the Gunnison Tunnel. It would be contrary to the clearly expressed intention of the CWCB for it to exercise its water right to callout juniors upstream of the Aspinall Unit so that the 300 cfs minimum flow could be met solely from direct flows. The Black Canyon of the Gunnison National Monument (BLCA) has a water right which is still unquantified but may be administered with a 1933 date. Before any "calls" can be issued by BLCA, the district court for Water Division 4 must quantify the BLCA rights and issue a final decree. Bypasses of inflow, other than power operations, from Aspinall to BLCA msy be considered releases of storable inflow from Aspinall. 21 .', :~;'i~)~.:~~. ';\'.: {- .]~::;;:; ';',' ....'.-.......