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n:":~ 'l"i, ~ -... " ~.. ~ " Sponsors to acquire rights-of-way adequate for accomplishing the purposes of the bank stabilization program before initiating operation of the Facility. Under lease provisions, the Sponsors will have the opportunity to remedy any deficiency before termination or special conditions could occur. These cont~act provisions are designed to address the significant environmental issues assooiated with the construction and operation of the Facility and will maintain an acceptable level of environmental protection. The major commitments include: 1. In order to protect fish and wildlife habitat and other natural.resources of the Gunnison River, several commitment;:; concerning the operation of the Facility are included. These commitm~nts place limitations on the amount of water that can be diverted to the Facility. These commitments will also ' serve to reduce impacts to recreation and maintain the river's eligibility under the Wild and Scenic Rivers Act and to protect lands under the jurisdiction of the BLM and NPS, including the BLCA. Hydropower diversions that would reduce streamflows downstream from the Gunnison Tunnel below 300 Cfs will not be' allowed even if the water rights utilized for such diversio~s are senior to the instream flow rights for the BLCA or if the BLCA instream flow rights are quantified by the court at less than 30~ cfs or not at all. Hydropower diversions would honor any future adjudicated Federal reserved water right- for the BLCA. In addition, hydropower diversions would honor arty contract or other instrument between Reclamation and the NP$ providing for delivery of water from the Aspinall Unit to the BLCA. The contract would be designed in part to provide adequate flushing flows for the Gunnison River, however, should the contract not be in place in the future,. hYdropower diversions would be reduced to allow flushing releases from ' the Aspinall Unit to reduce sediment downstream in the Gunnison' River and to maintain the river channel; These releases would be scheduled by Reclamation in consultation with the' Colorado Division of Wildlife, FWS, BLM, and NPS. No increase in Gunnison Tunnel capacity for hydropower prOduction would be allowed. y" 2. Measures are included to protect existing water rights and existing water projects including the Wayne N. Aspinall Unit, the UVRP, and the Dallas Creek Project. Priorities for water use are established with irrigation supplies anSi instream flows placed in priority before hydropower supplies. 3. Significant increases in winter flows in the Uncompahgre River will accelerate bank erosion significantly. To reduce this impact, a bank stabilization program involving application of riprap and vegetation plantings will be 10 . k, J..o1li ;~, ,_:'-,,- -, - ;~>