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<br />~, ,f..,,"" ,I <br /> <br />OD1636 <br />- Alternatives, Including Proposed Action <br /> <br />2-:J6 <br /> <br />2.5 <br /> <br />Legal Considerations <br /> <br />2.5.1 <br /> <br />Permits and Regulatory Approvals <br /> <br />Before constructing any alternative, the Sponsors would obtain various permits and <br />agreements as necessary for complying with federal, state and municipal laws, codes and <br />regulations. A lease of power privilege and water service contract to use UVRP facilities <br />would be executed with Reclamation, and would include terms and conditions developed <br />through the NEP A process. The Sponsors would obtain all land rights necessary for <br />relocating reaches of the AB Lateral from the Bureau of Land Management and private <br />landowners. These land rights would then be transferred to the U.S. <br /> <br />For penstock crossings, various agreements would be obtained as required from local and <br />state agencies, utilities and the Denver & Rio Grande Railroad. The Sponsors would <br />work directly with the city of Montrose, the Colorado Department of Highways, and <br />Montrose County in designing and constructing crossings and other features. <br /> <br />2.5.2 <br /> <br />Water Quality Permits <br /> <br />Installation of bank stabilization measures along the Uncompahgre River would first <br />require a permit from the US Army Corps of Engineers. The Sponsors submitted an <br />application to the COE in June 1996. Public notice was issued in fall 1996, and various <br />modifications to the proposal (principally environmental mitigation) were subsequently <br />made. The bank stabilization plan described in this SEIR is the result of that process. <br /> <br />In May 1999 the COE withdrew the pending application for a Section 404 permit. The <br />COE stated that the Application should be re-submitted after the SEIR/updated NEP A <br />process has been completed. The COE is a cooperating agency under NEP A in this <br />SEIR. On August 10, 1995, the Sponsors received Section 401 Water Quality approval <br />from the Colorado Division of Health for stabilization work on the Uncompahgre River <br />(Certification Number 2513). <br /> <br />2.5.3 <br /> <br />Water Rights <br /> <br />Colorado law requires that users obtain water rights prior to appropriation and use of <br />water in the state. The Sponsors have already secured sufficient rights to operate the <br />facility. Water rights are discussed in detail in the PElS, Chapter 2. Table 2-4 below <br />summarizes the decrees: <br /> <br />AS Lateral Hydropower Project <br /> <br />July 2000 <br /> <br /> <br />,-,,--',- <br />