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<br />.DRAFT <br /> <br />basin of origin protection is the windy Gap project.83 Some of <br />the storage and transportation facilities of the Colorado-Big <br /> <br />Thompson project are utilized to transport water from the <br /> <br />Colorado River to primarily municipal users on the East Slope. <br /> <br />This totally private project is being funded, constructed, and <br /> <br />operated by the Municipal Subdistrict, Northern Colorado Water <br /> <br />Conservancy District.84 An average annual water supply of 54,000 <br /> <br />acre-feet will be furnished by the project. <br /> <br />I <br />Initially, the Municipal Subdistrict took the position that <br /> <br />Green Mountain Reservoir already satisfied the. requirements of <br /> <br />the basin of origin protection provision.85 <br /> <br />However, the <br /> <br />Colorado Supreme Court, in a case previously noted,86 disagreed <br /> <br />and required the Subdistrict to develop a specific plan consti- <br /> <br />83Most of the following information came from John M. Sayre, <br />"The Windy Gap project: A Case Study," Presentation at New <br />Sources of Water for Energy Development and Growth: Interbasin <br />Transfers Conference (Natural Resources Law Center, o. of <br />Colo. School of Law) (June 9, 1982). <br /> <br />84Included are the cities of Boulder, Greeley, Longmont, <br />Estes Park, and Loveland and the Platte River Power Authority. <br /> <br />85The CBT project was originally planned to divert 310,000 <br />acre-feet. Green Mountain was designed accordingly. In fact, an <br />annual average of 250,000 acre-feet of water has been diverted by <br />this project. Since Windy Gap was a project of entities within <br />the Northern Colorado Water Conservancy District and since the <br />additional diversions still would not br ing the total to more <br />than the originally planned 310,000 acre-feet, the Subdistrict <br />considered that its obligations were already satisfied by Green <br />Mountain Reservoir. <br /> <br />86Colorado River Water Conservation District v. Municipal <br />Subdistrict, Northern Colorado Water Conservancy District, supra <br />note 73. <br /> <br />33 <br />