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<br />DRAFT <br /> <br />two species of endangered fishes downstream in the Colorado <br /> <br />River; concerns by Grand County and the Middle Park Water <br /> <br />Conservancy District regarding availability of water for future <br /> <br />development in this area were met by agreeing to provide an <br /> <br />additional 3,000 acre-feet of water for this purpose. <br /> <br />The major issue was how to satisfy the protection provision <br /> <br />in the Conservancy Act. <br /> <br />Under the initial settlement, the <br /> <br />subdistrict agreed to construct the Azure Reservoir and Power <br /> <br />project on the Colorado River. <br /> <br />Expected maximum capacity was <br /> <br />28,000 to 30,000 acre-feet with the water rights held by the <br /> <br />River District. <br /> <br />This agreement was modified. in March, 1985 to <br /> <br />provide that the Subdistrict pay the River District a sum of <br /> <br />$10,200,OOO which the District will use to plan and construct a <br /> <br />water storage project or projects in Water Division No. 5 "which <br />will satisfy the Subdistrict's obligation under C.R.S. 837-45- <br /> <br />118(1) (b) (IV) <br /> <br />"89 <br />... . <br /> <br />In addition, <br /> <br />the Subdistrict agreed to <br /> <br />subordinate its project water rights to permit filling of the <br />project or projects constructed by the River District.90 <br /> <br />C. An Evaluation of the Colorado Approach <br /> <br />It seems evident from an examination of the circumstances <br /> <br />surrounding the origination of the Colorado provision for basin <br /> <br /> <br />of origin protection that compensatory storage was agreed to <br /> <br />89"Supplement to Agreement of April 30, 1980," supra note 88 <br />at 12 (paragraph 17). <br /> <br />90rd. at 5 (paragraph 3). <br /> <br />35 <br />