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<br />ML. Hll....t1..JLd l;Ul-jUn <br />"pd 1 22, 19t17 <br />l''''Je Two <br /> <br />company's senior water rights at a time when the <br />water is used by the Grand Valley Project to <br />generate power or pump irrigation water during <br />periods of low flow in the river. <br /> <br />Operation of the check is not a condition of any <br />ploject water right or matter of law. No <br />arrangements exist for use of the "check" to <br />benefit junior water rights. We have no <br />obligation nor do we intend to operate the <br />"check" structure for the benefit of junior water <br />right as has been erroneously assumed in some of <br />the lelated hydraulic studies performed by <br />consulting engineers who are also involved in <br />studies for the E.I.S. <br /> <br />W~ unoelstand these same assumptions may have <br />been made in the hydraulic models for the E.I.S. <br />studies. If this is the case they are in error <br />and the incremental and cumulative flow changes, <br />salinity and resultant impacts and mitigation in <br />the E.I.S. are inadequate. <br /> <br />'f'hp E. I. s. ~hould sldte Whdl dti~Umplion::i W~le <br />made with respect to the water demand at Cameo <br />and operation of the check. <br /> <br />A copy of the September 12, 1986 letter sent by <br />attorneys to the Colorado Water Resources and <br />Power Development Authority is enclosed. This <br />let tel explains the position of the Orchard Mesa <br />III i'J<.Jtion Distl ict regarding implementation of <br />the check. <br /> <br />2. Attached is a copy of the 404 Permit issued by <br />the Corps of Engineers dated November 2, 1977 to <br />OUl District to construct its 14.0 c.f.s. <br />"Bridges SwitCh" pumping plant on the Colorado <br />Rivel about 11 miles downstream from Palisade, <br />Colorado. <br /> <br />The permit restricts Orchard Mesa Irrigation <br />OiStlict from pumping from the Colorado River at <br />any time flows in the river at the plant site <br />drop below 385 c.f.s. and anytime the quality of <br />