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<br />~ti~572 <br /> <br />1.0 THE PURPOSE AND NEED FOR THE PROPOSAL <br /> <br />1.1 INTRODUCTION <br /> <br />1,1.1 The National Environmental Policy Act of 1969 (Public Law <br />91-190, 1970) requi res the preparat Ion of an Envi ronmental Impact <br />Statement (EIS) whenever a major Federal Action will have a <br />significant effect on the environment. The Department of the Army, <br />Corps of Engineers (COE) has prepared this document in response to an <br />application for a pennit filed In accordance with Section 404 of the <br />Clean Water Act (33 U,S,C. 1344) by the Water Users Association No.1 <br />on July 10, 1980, Section 404 requires a pennit prior to placing <br />dredged or fill material In waters of the United States. The <br />applicant proposes to construct a reinforced earth fill dam utilizing <br />approximately 265,700 cubic yards (203,140m3) of material. The dam <br />would be located upstream from the confluence of Taylor Draw on the <br />White River approximately 5 miles (8 ~) east of the town of Rangely, <br />Rio Blanco County, Colorado, (Figure 1 - 1) <br /> <br />1.1.2 The Colorado River has been the subject of considerable <br />controversy In the past regarding apportionment of water between the <br />various states that It traverses. Numerous compacts and treaties have <br />been negotiated between the states to achieve this end. The Final EIS <br />for the Taylor Draw Reservo I r Proj ect I s not to be construed as <br />reflecting the present or future position of any state of the Upper or <br />Lower Colorado River Basin or of the Federal Government with regard to <br />I nterpretat Ion and app I i cat I on of the treat i es, compacts, and laws <br />that do or may affect the allocat ion of water among the states and <br />among private parties with water claims within each state. In <br />particular, nothing In this EIS Is Intended to Interpret the <br />provisions of the Colorado River Compact (45 Stat. 1057), the Upper <br />Colorado River Basin Compact (63 Stat, 31), the Water Treaty of 1944 <br />with the United Mexican States (Treaty Series 994, 59 Stat. 1219), the <br />decree entered by the Supreme Court of the United States in Arizona v. <br />California (367 U.S. 340), the Boulder Canyon Project Adjustment Act <br />(54 Stat. 744j 43 U,S,C. 620), or the Colorado River Basin Project Act <br /> <br />1 <br /> <br />"it. ;.>;.. <br />