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<br />
<br />Mr. A. Jack Garner
<br />October ]5, 1997
<br />Page 2
<br />
<br />
<br />"I,.
<br />
<br />On July 17, 1997. unable to reach you directly, I talked by telephone to Mr. Girard of your
<br />office and told him that Kansas objected to the above-quoted statemenl in your letter and would
<br />like to knaw the basis of the decision to implement Ihe amended Operating Principles without the
<br />approval of all the signatory parties, I further requested a copy of any memoranda that had been
<br />prepared related to that matter. I said that Kansas had concems about the substance of the
<br />proposed amendments. Mr. Girard told me that he would have you call me to discuss the matter
<br />after it had been discussed internally within the Bureau, To date. I have not received a call from J:'
<br />you or anyone else al the Bureau regarding the proposed amendmenls enclosed in your letter of .
<br />June 12. 1997. Recent calls by my staff to Mr. Girard have also gone unanswered.
<br />"II
<br />Condition No. 2 requires thar any amendment to the Operating Principles have Kansas'
<br />and AReA's approvals. yet to date, neither AReA nor Kansas have even been asked to formally
<br />approve the proposed amendments enclosed in your letter of June 12, 1997. ARCA is not even
<br />scheduled to meet prior to November 1, 1997.
<br />
<br />Kansas is not unwilling to consider amendments to the Operating Principles. Last year,
<br />Kansas did agree to amend the Operating Principles to increase the Permanent Pool in Trinidad
<br />Reservoir. In addition. Kansas is ready to approve the proposed amendments relating to the City
<br />of Trinidad, subject to finalizing conditions to which we understand the City is agreeable. You
<br />have insisted on combining the approvable amendments with others, however. Kansas remains
<br />willing to approve even tne other amendments to the Princlples if it can be shown that downstream
<br />water users, including Kansas, will not be injured by those proposed amendments. To date no
<br />such showing has been made.
<br />
<br />Kansas strongly objects to the Sureau's implementing any amendments to the Operating
<br />Principles for the Trinidad Dam and Reservoir Project on November 1, 1997. or any other time,
<br />without the approval of all of the Signatory parties, including Kansas. To do so would itself be a
<br />. violation of the Operating Principles.
<br />
<br />"'1.,,:,-.,
<br />~
<br />
<br />Please reconsider your intention to unifaterally amend the Trinidad Operating Principles.
<br />OlhelWise, the Bureau will be violating the Operating Principles as adopted in 1967. ~Ii!.grants
<br />. ,me the favor of teceiving your response by October 22, 1997, so that Kansas',maylre~ti1d"
<br />, Options before November 1",1 ..=:=-- .--
<br />
<br />DLP:dr
<br />
<br />
<br />cc: Efuid Martinez:. Commissioner of Reclamation (By u.s. Mail and Telocopy)
<br />
<br />S/S'd
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<br />SIaa~~ SNOAl a~~N~3a
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<br />W~6S:l l661'S '^ON
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