Laserfiche WebLink
<br />- <br /> <br />. <br /> <br />. <br /> <br />-the depletions against which the United States foregoes its right to call under this <br />Agreement, shall be charged by the Colorado State Engineer against the annual <br />fills of the Aspinall Unit reservoirs, and/or the exercise of the related direct flow <br />hydropower rights (depending on which afthe Aspinall Unit rights are then being <br />exercised); <br />-the Colorado River Water Conservation District and the Upper Gunnison River Water <br />Conservancy District (Districts) shall monitor and quantifY depletions under this <br />Agreement; <br />-the Aspinall Unit reservoirs cannot be used in exchange or replacement of water or for <br />any other purpose, without the additional approval of the United States; and <br />-the utilization of water by the water users represented by the Districts shall be subject to <br />the laws of the State of Colorado regarding water use. <br /> <br />A draft environmental assessment (EA) was prepared in November 1999. Comments from the <br />public and from agencies and organizations were used to prepare a fmal EA in March 2000. <br />Comments received are responded to in the final EA. Coordination on the Agreement included <br />consultation with the Fish and Wildlife Service under the Endangered Species Act. <br /> <br />Major comments included the concern that the Agreement would prevent development of <br />Colorado water, would allow Federal control over the appropriation of water, and would hinder <br />or preclude transmountain water diversions to the eastem slope of Colorado. Reclamation <br />believes that the subordination actually facilitates Colorado's development of water and in no <br />way imposes Federal control over the state process for appropriation of water. Concerning <br />transmountain diversions, the Agreement does not preclude these. The depletions allowed under <br />this subordination could only occur within the Gunnison River Basin; however, this does not <br />preclude other water sources, including Aspinall Unit water, from being developed or purchased <br />for transmountain diversions. <br /> <br />Additional comments were related to the Endangered Species Act; Reclamation and the Fish and <br />Wildlife Service have agreed that the depletion will be included in the upcoming Endangered <br />Species Act consultation on the overall operation of the Aspinall Unit. Additional comments and <br />responses are included in the final EA. <br /> <br />Conclusions: <br /> <br />Reclamation's practice has been to allow junior water users within the natural basin of the <br />Gunnison River to develop up to 60,000 acre-feet of water without interference from the Aspinall <br />Unit. Under the proposed Agreement, administrative calls could be placed by the Aspinall Unit <br />water rights; but in-basin junior users would be protected up to the depletion amount. In <br />addition, the amount of depletion would be measured and tracked so that the 60,000 acre-feet <br />would not be excI:eded. Under the No Action altemative--not signing the Agreement--this <br />practice would continue; however, the practice would not be formalized or monitored. <br />Reclamation has the discretion of signing or not signing the Agreement; but it does not have <br /> <br />2 <br />