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,. ':~:~:::':~:" ~;~1~-iJ.~~~ ......- ~--.' Qd~~}) .. ..... . : ~. DG~.S:7 Gunnison River Contract Scooin2 - SORTED Comments 2. 1. 42. There is 300,000 acre-feet available from Blue Mesa for Gunnison Basin. -- Not for entire State -- Not available for trans-mountain diversion 2. 2.1. 32. proj ect? If BOR is trying to restore historic flow, wbat happens to purposes for original 2. 09. Need to keep contract within authorization (law). 2.2. 2. 2.2. 16. Prob-Iem - several State/Federal agencies with differing purposes creates coordination problem. How does it create a firm, enforceable long-term contract? --Solution - contract establish central coordinating authority. May need Congressional approval similar to interstate compact. --Be consistent with existing compact(s). 2. 2.2. 26. See No. I (purpose of Aspinall is to prevent flooding) when considering peak flows. 2. 3. 02. Aspinall Unit built for power, and irrigation also helps pay for other projects; original . intent of unit should be met first. 2. 3. 08. Is contract legal under Colorado River Storage Project legislation? 2. 3. 41. Does this (contract) coincide with intent of Congress? If not, Department of Interior agencies have to override Congress. (Is this consistent with) Act authorizing Aspinall? 2. ARAPAHOE; p2,'13. The Aspinall Unit was constructed as part of the 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 states 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 hydroelectric 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 have decreed water rights for the purposes contemplated in the proposed Contract. Constructing facilities for the propagation of fish and wildlife and mitigation of losses at the Aspinall Unit is not the same as making suhstantial releases for instream uses for miles downstream. Even if BUREC believes that the authority exists within CRSPA to make releases solely for those purposes, the Contract should make it clear tbat those uses are incidental uses to the primary purposes of the Aspinall Unit, and cannot interfere with either the primary purposes of the Aspinall Unit or the right of Colorado to use its Compact apportionments. 2. CAMPBELL; pI, '/2. Some may ask why this contract is necessary. The answer is easy -- it must be done to provide certainty that future water deliveries will not be impeded when the government completes it study of the impacts the Aspinall Unit has on endangered fish. It must also be done to protect the resources of the Gunnison River. 4