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<br />- <br /> <br />O 0' .u 5 <br />~ ~ . <br /> <br />,. <br /> <br />supplies-in the project area or any other area of the state. The Carriage Contract will require <br />that lands to receive irrigation water be classified under Reclamation standards and only <br />classified lands win receive water. <br /> <br />Comment: The proposed transfer of salvaged water is not consistent with Colorado water <br />law-the application ofMVIC's saved water to previously unirrigatedlandsrepresents an <br />expansion of use requiring water court action. MVIC's decree refers specifically to water for use <br />on "land lying under the irrigation system of Claimant" and "land now in cultivation to which <br />water has been applied to beneficial use under said ditch system," Reclamation must consider <br />whether its action in approving a carriage contract win facilitate an action that could result in <br />iIljury to other water rights, thereby contravening state water law, <br />Response: The Carriage Contract will clearly state that DWCD's activities must comply <br />with Colorado state water law, Reclamation, as well as DWCD, has discussed this project with <br />the Colorado State Division Engineer and no problems have been raised. A change of location of <br />use filing with the State of Colorado may be needed, <br /> <br />Comment: Data (comparison of 1992-1995 and 1996-1998 fish population data) do not <br />support Reclamation's conclusion that it is meeting its fishery mitigation requirements and <br />maintaining the habitat for a good quality fishery. <br />Response: Prior to construction of McPhee Reservoir, a trout fishery did not exist <br />downstream, The fishery that has developed is considered an enhancement rather than . <br />mitigation, Current operations are based on use of a fishery pool of 33,200 acre-feet. Senior <br />water rights 00,900 acre-feet are included in this; however, it is recognized that these senior <br />water rights are, subject to the State of Colorado water law administration. <br /> <br />There would be fishery benefits to increasing the size of the fishery pool and there are ongoing <br />efforts to accomplish this. However, this is beyond the scope of the Carriage Contract <br />EA-which allows private water to be carried in a canal. Actual fish population changes may <br />result froma variety of factors including flow regimes, expanding whirling disease, changes in <br />stocking regimes, or changes in habitat. <br /> <br />"k <br /> <br />,.' <br /> <br />10 <br /> <br />I <br />;,1 <br /> <br />