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,f\~'1 S"l7 O()~ .) Alternatives, Including Proposed Action 2-37 Table 2.4. 111-1/4 Water Rights Associated with Project Operation Appropriation Amount Date (cfs) 1901 1300 Decree 82CW324 87CW273 1981 1984 900 235 Description 1188 cfs absolute, 112 cfs conditional; Would cover irrigation flows that are also used for hydropower Supplemental hydropower diversions Supplemental hydropower diversions The Sponsors completed due diligence on the two hydropower rights in late 1996. The rights will remain in force for another 6 years, after which time, if the project is not built, another diligence proceeding will be required. These hydropower rights would be transferred to the United States as part of the project plan. The Wayne N. Aspinall Unit, which includes Blue Mesa, Morrow Point and Crystal Reservoirs, received Colorado water rights with a 1959 appropriation date. These rights are senior to those that would be used for (AB Lateral) hydropower operation. Thus, the Project would have no legal ability to influence operating conditions within Aspinall Unit reservoirs; that discretion will remain with Reclamation (subject to other, more senior water rights and agreements), The Sponsors would, however, like all basin users, be able to submit input at annual Aspinall operations meetings. Reclamation considers such input, as it does inputs from all parties, on a case-by-case basis to help schedule releases for the year. The Black Canyon of the Gunnison National Park has been awarded a Federal reserve water right with an appropriation date of 1933, for the purposes of protecting resources within the Black Canyon. To date, that right has not been quantified, and there is currently no definitive date for resolution of this issue. When it is ultimately quantified and approved by the state, the reserved right will be senior to hydropower diversions, and will represent flows that hydropower operations cannot divert from the Gunnison River. The proposed Project has committed to honor either that flow required by the adjudicated reserved right, or 300 cfs, whichever is greater. Reclamation will include this requirement in its lease of power pri vilege contract with the Sponsors. Water rights associated with future congressional designations would be junior to hydropower rights. Irrigation rights for the UVRP are senior to hydropower rights, and would be unaffected by operation of the proposed development under any alternatives. AS Lateral Hydropower Project July 2000 /i >L ..~ "~ _&._'~~'~':;;;"_&'" ~ ;iLiiii