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I I I I I I I I I I I I I I I I I I I 0.....0 -, '4 ~ I. INTRODUCTION The purpose of this review is to carry out the prOVlslons of the State of Kansas Condition 4, of the Trinidad Project Operating Principles which reads. "4. That 5 years after beginning operation of the Trinidad Reservoir for irrigation purposes, the . Operating Principles be reviewed to determine the effect, if any, the operat i on has had on other Co 1 orado and Kansas water users and the principles amended as necessary." The state of Kansas has alleged that the project has not been operated in ac- cordance with the operating principles. (see page 4) The Bureau (Bureau of Rec 1 amati on) was requested by the Compact Admi n i strati on (Arkansas ~iver Compact Administration) to initiate such a review at their December 11, 1984 meet i ng. It is the Bureau's intent to object i ve ly report the facts and present meaningful projections of the effects of Project (Trinidad Project) operations. While the purpose of this review is to satisfy the requirement of Kansas' con- dition 4, the analysis of downstream effects cannot be separated from an analysis of project water supply. Considering the extensive analysis of project operation conducted during this reveiw, we propose that this review also serves to meet the requirements of Article VI of the operating principles. The representat i ves of the State of Co 1 orado, the State of Kansas, and the Purgatoire River Water Conservancy District, have each asserted legal theories and legal conclusions, including case law and legislative history, in the course of this review. All parties have agreed that "legal questions" would not be resolved by the Bureau, and such questions are not addressed herein. II. BACKGROUND The Project was authorized for construction by the Corps (Corps of Engineers) under Public Law 85-500 (85th Congress S-391O July 3, 1958, as described in H. Doc. 325 84th, Congress, 2d session, January 1956). The multipurpose prOject was developed jointly by the Bureau and the Corps. Trinidad Dam and Reservoir located about 3 mi les southwest of the city of Trinidad, Colorado, provides for storage and regulation of Purgatoire River flows for Project purposes. The reservoir controls flood flows originating above the reservoir for the benefit of the city of Trinidad and downstream ranches. It also provides for the use of the available water supply for irriga- tion and maintenance of a minimum pool for enhancement of recreation and fishety values. The PrOject was justified primarily on the basis of flood control with regulation of other storable flows for irrigation as an additional benefit. The District (Purgatoire River Water Conservancy District) was organized for the purpose of contracting for repayment and for management of the project water supply. 1