WSP03080

• File Number: 8543
• Description: Closed Basin Division
• State: CO
• Basin: Rio Grande
• Water Division: 3
• Date: 8/31/1983
• Title: Agenda Item 8a - September 8-9 1983 Board Meeting -- Closed Basin Project - Repayment Contract Negotiations
• Water Supply Pro - Doc Type: Board Memo

COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
823 State Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]

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STATE OF COLORADO
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Richard D. lamm
Governor

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J. William McDonald
Director

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Members, CWCB

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Oavid W. Walker
Deputy Director

FROM: Bill McDOnald;..,,\t'.-
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DATE: August 31, 1983

SUBJECT: Agenda ttem 8 a, September 8-9, 1983, Board Meeting -_
Closed Basin project, ~epayment Contract Negotiations

In a March 1, 1983, meIOClrandum to the Board, t set forth the
major provisions of a proposed contract between the United States
and the State of Colorado for repayment of costs for recreation
and fish and wildlife enhancement facilities and for operation
and maintenance of such facilities. At the Board's March 3 ,
1983, meeting, you authorized me to agree to a contract which
encompasses the Bureau of Reclamation's proposed full develop!l'ent
plan (see my September 30, 1982, memorandum to the l3oard),
subject to the condition that the contract must contain a
provision which permits the state, at its sole discretion, to
determine at the time of construction exactly which features, in
what numbers, are to be constructed.

On July 14, 1983, I transmitted proposed revisions to the
repayment contract originally submitted to us by the. Bureau .of
Reclamation. The substantive, as opposed to editorial, revisions
related to the following considerations:

(1) The State (State Land l3oard) already owns the land in the
Head-San Luis Lakes Area. Therefore, the United States
needs an easement from the State in order to construct
enhancement facilities on those lands. The Bureau's draft
contract overlooked this fact. A new article is proposed to
accomplish this.

(2) Since the State will retain ownership of the lands, the only
thing the United States can lease to the State is the
facilities themselves, which will be owned by the United
States. The definition of "Leased Facilities" in the draft
contract was inappropriate in light of this fact. The
contract was revised to reflect these considerations.

(over) 701
FD/Agnda
John R. Fetcher, Chairman. Herbert H. Vandemoer, Vice Chairman
C.M. FurneaulC, Flovd l. Cett, Dale F. Grilnt. Robert A. Jackson, Richard .W. Johnston. Jr .,-Fre~erick V. Kroeger. David W. Robbins