WSP03260

• File Number: 8276.120.10
• Description: Grand Valley Unit-Colorado River Basin Salinity Control Project
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 9/10/1991
• Title: Final Environmental Assessment: Alternative Lining Methods for the Government Highline Canal - Grand Valley Unit
• Water Supply Pro - Doc Type: EIS

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larger capacity and width to carry the design flows. The top width
requirements along Reach 1 increase to about 82 feet for membrane
lining. Reach 2 would be narrower. These widths increase the need
for both a north and south O&M road to allow heavy equipment to
reach any part of the canal. During the design of the membrane
lining for Reach 1, it was realized that even though the FEIS
called for Reaches 1 and 2 to be constructed within the existing
corridor, up to 45 feet of fee land could need to be acquired for a
functional north O&M road, and additional fee land could be
permanently utilized for O&M activities such as placement of spoil.
The need to purchase additional land to construct and maintain the
project and the impacts of the project to land use were not
adequately covered by the FEIS.

Fee title ownership of land by the united States (U.S.) is
basically the same as land owned in private ownership. under the
reserved ROW, the u.S. retains only those rights necessary for
construction, reconstruction, O&M of canals, drains, and associated
structures and is not the underlying owner. These rights are
generally senior to all other rights except the underlying fee
owners; the underlying fee owner may use the land as long as the
use does not interfere with O&M or reconstruction activities. The
existence of a canal and associated structures greatly limits use
of the reserved ROW by underlying landowners, and also complicates
protection of the facility by the u.S. or the responsible O&M
entity. Therefore, an action deemed necessary but not included in
the FEIS is for the u.S. to purchase the remaining fee rights as
part of lining the canal under this program. While this action
increases the cost of the project, it would protect the investment
of the public and the integrity of the structure. Reserved ROW's
are generally located in the last half mile of the west end of
Reach 1 and most of Reach 2.

Since construction of the canal about 70 years ago, several
adjacent landowners have built improvements on u.S. fee land,
usually without written authorization. These improvements include
sheds, fences, bridges, and irrigation systems. Unauthorized use
of the canal lands also includes production of agricultural crops
such as orchards. Several adjacent owners use O&M roads for access
to their adjoining property or for farming practices such as making
tractor turns. Some of these uses would not be authorized under
current Federal policies concerning use of the Federal lands and
protection of Federal facilities.

In the FEIS, Canal Improvements section (p. 23), the plan also
called for fencing both the north and south property lines. The
fences would clearly define the U.S. property boundaries, reduce
O&M problems, and provide a degree of safety in preventing the
entry and potential drowning of livestock, wildlife, and small
children. In the process of obtaining input from the public
concerning the east end, it became apparent that this fencing plan
would reduce the existing private use of the canal lands.

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