WSP03209

• File Number: 8443
• Description: Narrows Unit
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 8/21/1973
• Title: Correspondence regarding the Narrows Unit EIS
• Water Supply Pro - Doc Type: EIS

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ENVIRONMENTAL LEGAL SERVICES
209 16th street, Suite 200
Denver, Colorado 80202
753-3193

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flUG 2. 4: 1973

August 21, 1973

RETURN RECEIPT REQUESTED

Bureau of Reclamation
Regional Director
Denver Federal Center
Denver, Colorado

Dear Sirs:

....

In view of the recent action in Congress (H.R. 8947)
providing funding for the Narrows Unit, Missouri River
Basin Project, in Colorado, we formally request that an
adequate environmental impact statement (National Environ-
mental Policy Act, Section 102 (2)(C) be prepared for the
project. Although a statement currently exists ("Environ-
mental Statement on Proposed Narrows Unit, Missouri River
Basin Project, Colorado, Submitted in Conformance with
Section 102 (2)(C) of the National Environmental Policy Act
of 1969"), we believe that it is not responsive to the re-
quirements or policy of NEPA. The grounds for our request
are that the impact statement is stale, that is was not
prepared in conformance with Council on Environmental
Quality Guidelines, and that it is inadequate as a matter
of fact and law.

The present "statement" was filed with CEQ in June, 1970.
It was prepared just after the passage of NEPA. The Narrows
Project was reauthorized in 1970 but has remained unfunded.
Since the preparation of this "statement" many changes have
occurred. Land values in the affected area have increased
dramatically. Federal and State water and air pollution
control laws have been radically amended. Court interpreta-
tions of NEPA have been made which cast doubt upon the validity
of the present statement. Technological, economic, and legal
changes have occurred since the statement's preparation
which render the statement stale and ineffectual in carrying
out the intent and purpose of NEPA.

The normal court test of an impact statement's compliance
with guidelines is whether the statement complies with the
guidelines in effect at the time the statement was prepared.
Under the circumstances of this impact statement, however"
such a test is obviously unworkable since no guidelines