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<br />FRY~GPAN-AR~SAS PROJECT
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<br />fQr irrigation an<! other beneficial consumptive-use purposes, including consump-
<br />tive uses for domestic, mining and industrial purposes, within the natural basin
<br />of the Colorado River in the State of Colorado, from which water is exported,
<br />will not be impaired nor increased in cost at the expense of the water users within
<br />the said natural basin; and that the facilities and other means for the accomplish-
<br />ment of said purpose shall be incorporated in, and made a part of, any project
<br />plans for the exportation of water from said natural basin in Colorado."
<br />6. The replacement capacity of the Aspen Reservoir is that portion of the total
<br />reservoir capacity required to protect existing rights to the use of water in western
<br />Colorado for domestic, irrigation, and manufacturing purposes (including power
<br />generation) and hereafter acquired rights to the use of water in western Colorado
<br />for domestic irrig~tion, and manufacturing purposes (excluding power generation)
<br />against any and lilllosses of needed water because of stream depletions resulting
<br />from project operations, In the determination of such replacement capacity,
<br />consideration shail be given to, but not necessarily limited to, needs for water for
<br />the following purposes, such needs, however, not to be for quantities in excess of
<br />those quantities of water which would have been available 'from the Roaring Fork
<br />River to supply sl,lch needs if the project had not been constructed:
<br />(a) To supply existing rights below Aspen Reservoir;
<br />(b) To irrigate new land and provide for supplemental irrigation in western
<br />Colorado;
<br />(e) To satisfy the obligation of the Roaring Fork River to contribute its
<br />proportional share of the required winter flows at a point immediately below
<br />the confluence of the Roaring Fork River and the Colorado River; and
<br />, (d) To satisfy the obligation of the Roaring Fork River to contribute its
<br />proportional share of a demand of at least 300,000 acre-feet of water annually
<br />in the Colorado River below its confluence with the Roaring Fork River, for
<br />domestic and manufacturing uses, Said demand for use in western Colorado
<br />is to be met at the times and in the amounts required.
<br />Water stored in the replacement capacity of the Aspen Reservoir shllll be
<br />released by the llnited States, upon the request of the State administrative
<br />agency havin~ responsible charge of the distribution of the water of the stream
<br />Or streams affected, whenever the needs in the Colorado River Basin in western
<br />COlorado below the project diversion points for the uses covered by this para-
<br />graph 6 exceed the available supply of water; provided that the rate of release
<br />of such stored wllter'shall be reasonable and proper with due regard for the
<br />needs in western Colorado for replacement water and with due regard, also, for
<br />the obligation of the project to supply such water.
<br />. No charge shall ever be imposed for water released from, or made available
<br />by reason of releases from, the replacement capacity of the Aspen Reservoir.
<br />7, That portion of the total capacity 'of the Aspen Reservoir not needed as
<br />replacement capacity constitutes surplus capacity, Water stored in such surplus
<br />capacity may be sold or leased by the Ul)ited States to water users in western
<br />Colorado, Charg<js for the use of such water shall be comparable to charges for
<br />use of project wat!Jr for similar purposes in eastern Colorado with appropriate
<br />adjustment for the'repayment ability of ,such water users, If it hereafter appears
<br />that the cost of procuring water, from sources other than the surplus capacity
<br />of the Aspen Reservoir, for the same uses as those to which water from the surplus
<br />capacity of the reservoir is to be made available shall have been increased by
<br />reason of the con~truction and operation of the project, then the charges for
<br />water released from the surplus capacity s\lall be diminished by the amount of
<br />such increase in cost.
<br />S, Project diverSions from Lime Creek shall be made only in the months of
<br />May and June of each year,
<br />9. To protect recreational values, including fishing, no diversions from western
<br />Colorado will be made which reduce the remaining aggregate stream flows to
<br />less than either of the following minimum standards:
<br />(a) The Fryingpan collection system at the'points of diversion collectively,
<br />exclusive of Lime Creek: 15 c, f. s, October 1 through March 31; 30 c. f. s.
<br />Aprill through September 30;
<br />(b) Near Norrie (immediately below the junction of North Fork and
<br />Fryingpan River): 30 c, f, s, October 1 through March 31; 100 c. f. s, April 1
<br />through April '30; 150 c. f. s. May 1 through May 31; 200 c, f. s. June 1.
<br />through June 30,; 100 c. f, s, July 1 through July 31; 75 c. f. s, August 1
<br />through August <11; 65 c, f, s, September 1 through September 30, ,
<br />In maintaining the above minimum standards, the project diversion,~ shall be
<br />regulated, so far as is practicable, in such a manner that the North Fork, the
<br />Fryingpan River, and each of the tributaries of those streams, shall contribute
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