WSP07006

• File Number: 7630.300
• Description: Wild and Scenic-Gunnison River
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 1/1/1984
• Author: UVWUA-Montrose Partn
• Title: UVWUA FERC Application-Corres Reports etc 1984-Competing Application for License-Existing Dam-AB Lateral Hydropower Project
• Water Supply Pro - Doc Type: Report/Study

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Ms. Sheila Hollis
Broadhurst, 8rook, Mangam
Hardy & Reed
1730 Pennsylvania Ave. NW
~ashington, D.C. 20006

Mr. Harrison Wellford
Wellford, Wegman, Krulwich,
Gold & Hoff
1775 Pennsylvania Ave.
Suite 450
Washington, D.C. 20006

4. The Uncompahgre Valley Water Users Association is, a Colorado
non-profit corportation formulated under the laws of the Colorado
Non-Prof it Act.

The Montrose Partners is
Massachusetts Limited Partnership
finance. develop, and assist in
Project.

a partnersh ip, formed under the
Act, the purpose of which is to
the operation of the AB Hydropower,

5. (i) The statutory or regulatory requirements of the state in which
the project would be located and that affect the project as proposed,
with respect to bed and banks and to the appropriation, diversion, and
use of water for power purposes, and with respect to the right to engage
in the business of developing, transmitting, and distributing power and
in any other business necessary to accomplish the purposes of the license
under the Federal Power Act are:

a. Colorado Revised Statutes (C.R.s.) Title 25, Article 8,
Section 302 (0 (1981~. This section provides the State
the authority to review projects needing as Section 404
Permit (Corps fo Engineers) or a Section 401 Water lJuality
Permit.

b 0 C. R. S. Ti t le 37, Arti c le 92, Sect i on 302 et 0 seq 0 These
sections explain how water rights applications are secured.

c. C.R.s. Title 7, Article 20, Section 104. This section of
the Colorado Nonprofit Corporation Act specifies the
purposes of organizing a non-profit corporation.

d. CoR.s. Title 7, Article 22, Section 101(q). This section
of the Co lorado Nonprofit Corporat i on Act prov i des powers
to the corporation.

e. According to preliminary discussions with the UoS. Army
Corps of Engineers, it is anticipated that a permit from
that agency will be required pursuant to Section 404 of the
Clean Water Act.

f. Because a Section 404 pennit is anticipated, it is also
ant i c i pated that a 401 Water lJua 1 ity Cert i c i ate wi 11 be
required.

g. Location, Operation and Use and Maintenance Pennit/License:
Location and maintenance of pipelines or electrical

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