WSP06783

• File Number: 8149.700
• Description: Miscellaneous Small Projects and Project Studies - Homestake Project
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 5/21/1982
• Author: US Dept of Ag
• Title: Homestake Phase II Project Eagle County Summary of Draft Environmental Impact Statement
• Water Supply Pro - Doc Type: EIS

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34 G ~ (5) certain lands in the San Isabel and White River National
'.' Forest, Colorado, which comprise approximately one hundred and
twenty-six thousand acres, as generally depicted on a map entitled
"Holy Cross Wilderness-Proposed," dated November 1980, and
which shall be known as the Holy Cross Wilderness: Provided,
That no right, or claim of right, to the diversion and use of
existing conditional water rights for the Homestake Water
Development project by the cities of Aurora and Colorado Springs
shall be prejudiced, expanded, diminished, altered, or affected by
this Act. Nothing in this Act shall be construed to expand,
abate, impair, impede, or interfer with the construction,
maintenance, or repair of said project, nor the operation thereof,
or any exchange or modification of the same agreed to by the
cities and the United States acting through any appropriate agency
thereof;

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The debate leading to establishment of the wilderness also
addressed other issues as identified by Senator Hart in the
Congressional Record vol. 125, no. 177; "Besides focusing on the
possible economic effects of the wi Iderness recommendation, I paid close
attention to their possible effects on water use. In only one area
recommended by the administration and Governor Lamm - Holy
Cross -are there plans for a new major water project . . . . To ensure
the wilderness designation does not impede the already established
rights of the Cities to this water project, I have included legislative
language to ensure the project can be constructed and operated as
already authorized under state law."
The wilderness area was established recognizing the Cities project
proposal. The Homestake Phase II proposal will not be reviewed for
consistency with the Holy Cross Wilderness Area designation. Congress
has determined that the Homestake Phase II Project proposal should be
reviewed as if it were in a portion of National Forest allocated to
non-wilderness use. Therefore, the decision the Forest Service will
make is a determination under FLPMA whether to grant a right-of-way
to Aurora and Colorado Springs, and if granted, the terms and
conditions which should apply, However, the effects on the
environmental setting within the project area, including wilderness, will
be disclosed,
This DEIS discusses another very controversial and emotional
topic; trans-basin water diversions, The extent of this controversy
was well summarized by Judge Arraj at the trial level in a recent 10th
Circuit U.S. Court of Appeals case (USA v. NORTHERN COLORADO
WATER CONSERVANCY DISTRICT et al. and CITY AND COUNTY OF
DENVER) when he stated that "For over 28 years, this litigation has
been on the docket of this court, and it will likely remain here so long
as the Continental Divide partitions Colorado into western and eastern
watersheds." Other trans-mountain diversion studies such as Frying
pan-Arkansas (BuRec 1975), Windy Gap (BuRec 1981), and Foothills
(BLM 1978) have been completed and have not resolved this state-wide
problem, Neither this DEIS nor the study just initiated by the Denver
Water Board using the Corps of Engineers as the lead agency will
resolve this conflict to the satisfaction of Colorado's west slope and east
slope interests, The Forest Service recognizes the primacy of the State
of Colorado related to administration of water within the state, and the

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