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<br />'. ,}' <br />I <br /> <br />345~ <br /> <br />Maryanne e. Baeh <br />Brian Person <br />October 6, 2000 <br />Page :3 <br /> <br />attractions, and for the preservation of fish life, The determination of the need for <br />and the amount and urnes of release or water trom Granby Reservoir to accomplish <br />these purposes shall be made by the Secretary of the [menor, whose findings shall be <br />final. Paragraph I, page 5, <br /> <br />5 The CBT Project was intended as a source ot' "suoolemental" Water <br />supply for irrigated lands in northeastern Colorado Pages 7-9, <br /> <br />6 The usual demand for supplemental irrigation water begms July \ co 15 <br />and extends to September \ 5 to :30, The outlets of the reservoirs are planned to <br />deliver this supplemental water trom the reservoirs in 60 to 75 days Page 22 <br /> <br />7, There is an average of 16,000 acre feet of surplus Water in the Big <br />Thompson drainage available t'or storage in the Eastern Slope components of the <br />CBT system, mainly in May and June, [n order to utllize this water, it is necessary <br />co res~rve capacity in the reservoirs on the Eastern Slope (Horserooth Reservoir and <br />Can~r Lake) until toward the latt~r pan of June, Snowfall will be known well in <br />advance so that operations of the several pans of the system can be adjusted to take <br />care of this water and hold back an equal amount in Granby Reservoir, Page 2J, <br /> <br />The Blue River Decree was approved by Congress in 1956 as pan of the <br />Colorado River Storage Project Act, 43 Us.e. 620j. Both the Colorado Supreme <br />Court and the U.S, Court of Appeals for the Tenth Circuit have recognized that the <br />obligations imposed on the United States by Senate Document 80 are In the nature of <br />a contraet and affirmed the duty of the United States as trustee to teke all necessary <br />steps to protect the Western Slope interests. U,S v Nonhern Colorado Water <br />Conservanev District, 608 F,2d 422, 4:30 (10" Cif. (979); Supplemental Judgment <br />and Decree dated February 8,1978 in Case Nos, 2782,5016, and 5017, U S. District <br />Court for the Distriet of Colorado; Findings of Fact and Conclusions of Law dated <br />September 20, 1956 in Case No, 2782, US District Coun for the District of <br />Colorado; Denver v, Northern Colorado Water Conservancv District, 276 P2d 992, <br />1012 (Colo, 1954), <br /> <br />NON-CHARGE (FREE WATER) PROGRAM <br /> <br />The Northern Colorado Water Conservaney District ("NOrthern District") <br />operates what it refers to as a "non-charge" program for the delivery 0;' water co <br />