<br />
<br />ing Fork River above the town of Aspen which might
<br />occur as a result of the project ~nlargement of the
<br />Twin lakes Reservoir, the Ashcroft Reservoir on Castle
<br />Creek, or some reservoi.r in lieu thereof, shall be con.
<br />structed on the Roaring Fork drainage above Aspen
<br />to a capacity of approximately 5,000 ocre-fee~: PRO-
<br />VIDING HOWEVER That the A.heraft Re.ervalr .hall
<br />be con~trl,Jcted onl~ if the Secretar~ of the. Interior
<br />after appropriate study shall determine that Its bene-
<br />fit. exceed the co.I., AND PROVIDING FURTHER, That
<br />no port of the construction, operation, or mainten.
<br />once of said Ashcroft Reservoir sholl be chargeable
<br />to the Fryingpan-Arkonsas project,
<br />
<br />3. The receipts from the sale of water from
<br />Ruedi Reservoir, os permitted in paragraph 6(b) he~e-
<br />of, sholl be applied solely to the operation and ma.m-
<br />tenance costs and to those re'lmbursable construction
<br />costs of said reservoir which exceed $7,600,000. The
<br />cost of perpetual operation and maintenance of .the
<br />Ruedi Reservoir sholl be borne by users of pr~le,ct
<br />water and users of water stored in Ruedi ReservoIr In
<br />such proportion os may be determined by the Secre-
<br />tory of the Interior.
<br />
<br />5. .The Ruedi Reservoir shall be completed and
<br />in operation before any water is diverted to eastern
<br />Colorado by means of the proiect.
<br />
<br />'6. (a) The replacement capacity of Ruedi Reser-
<br />voir, and any reservoir constructed in ~ddition .there-
<br />to, is that portion of the total reservOir c.opoclty re-
<br />quired to permit project diversions at tImes when
<br />such diversions could not otherwise be made because
<br />of simultaneous demands of senior diversions in west-
<br />ern Colorado existing at the time of the adoption of
<br />these operating principles, and shoJI be so operated
<br />to accomplish this purpose. Water .stored In such
<br />capacity s.hall be released by the United States, up-
<br />on the request of the Colorado Stote engineer, to the
<br />extent thot water would have been available to said
<br />decreed rights except for stream depletion resulting
<br />from diversions by this project to the Arkansas Valley.
<br />
<br />(b) The regulatory capacity of Ruedi Reservoi:,
<br />and any reservoir constructed in addition thereto, IS
<br />that portion of the total reservoir capacit~ not needed
<br />for replacement purposes. Water stored In such cate-
<br />gory may be sold or leased by the United States to
<br />water users in Colorado for any purpose recog-
<br />nized by the laws of the United States: PROVIDED,
<br />That the sole of water for use outside the natural
<br />basin of the Colorado River can only be mode with
<br />the consent of the Colorado River Water Conserva-
<br />tion Distri~t. Charges for the use of such water shall
<br />be established by the Secretary of the Interior by
<br />appropriate contract in accordance with the payment
<br />ability of such water users,
<br />
<br />4
<br />
<br />7. The primary purpose of Ruedi Reservoir, and
<br />any reservoir constructed in addition thereto, is to
<br />furnish, to the extent of its capacity, in like manner os
<br />if the project were constructed by a water conserv-
<br />ancy district organized pursuant to the laws of the
<br />State of Colorado, the water required for the pro-
<br />tection of western Colorado water users by the pro-
<br />visions of Colorado Revised Statutes 1953, 149-6~ 13,
<br />
<br />9. The respective decrees which may be or have
<br />been awarded to the parties hereto as 0 part of the
<br />Fryingpan-Arkansas project and Basalt project shall
<br />be administered by the proper officials of the State
<br />of Colorado in accordance with the applicable laws
<br />of the State of Colorado, and with the fOllOWing
<br />principles and procedures, to wit:
<br />
<br />(1) Thot the demand on the waters available
<br />under such decrees sholl be al/ocated in the follow-
<br />ing sequence:
<br />
<br />(a) For diversion to the Arkansas Volley through
<br />the collection system and the facilities of the Frying_
<br />pan-Arkansas project in on amount not exceeding an
<br />aggregate of 120,000 acre-feet of water in any year,
<br />but not to exceed a total aggregate of 2,352,800
<br />acre-feet in any period of 34 consecutive years reck-
<br />oned in continuing progressive series starting with
<br />the first full year of diverSions, both limitations here-
<br />in being exclusive of Roaring Fork exchanges as pro-
<br />vided in (c) below, and exclusive of diversions for
<br />the Busk-Ivanhoe decree; and with the further and
<br />absolute limitation that in order to protect existing
<br />and future beneficial uses of water in western Colo-
<br />rado, including recreational and fishing values, the
<br />State engineer shall so regulate the transmountain
<br />diversions above referred to, to the end that no di-
<br />versions shall be made which will reduce the remain-
<br />ing aggregate streamflows to less than the minimum
<br />standards.
<br />
<br />(b) For storage in Ruedi Reservoir to the extent
<br />of its actual capacity, which is to be not less than
<br />100,000 acre-feet.
<br />
<br />(2) The effectuation of the above principles re-
<br />quires concurrent Fryingpan-Arkansas project diver.
<br />sian and Ruedi Reservoir storage to be accomplished
<br />in the manner following: The State engineer annual.
<br />Iy shall collect pertinent data, including information
<br />pertaining to snow pack and all other available
<br />evidence, and shall thereafter so divide and appor-
<br />tion the surface runoff as to achieve, as nearly os
<br />possible, the foregoing diversion of water and the
<br />maximum of concurrent diversions and storage. The
<br />diversions herein contemplated shal/ be on the basis
<br />of a water year hereby defined as that interim of
<br />October 1 through the follOWing September 30,
<br />
<br />5
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