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<br />Without those studies they felt it could not be determined what fluctuations and flushing flows <br />would actually damage the Black Canyon and river environment. <br /> <br />Mr. Jorgenson indicated support for the process and stated, "I'm of the opinion if we can't or <br />don't sustain our natural resources we won't be able to sustain our civilization," <br /> <br />The NPCA was critical of BOR's August 1990, AB Lateral Final EIS and felt strongly that a <br />draft EIS on the proposed contract should be edited by a professional who would identify <br />missing information and improve organization. They went on to say one of the NEPA objectives <br />is meaningful public participation in federal decision-making. Meeting this objective requires <br />an EIS wrinen in plain language with a clear and thorough presentation of issues, alternatives, <br />and impacts and adequate comment periods. They suggested the comment period extend for <br />at least 6 months, and hearings be held in Denver and Boulder as well as in western slope cities. <br /> <br />The Preliminary Working Draft for a contract raised several concerns: the City of Colorado <br />Springs questioned if the BOR and NPS may alter flow Tegimes "for other mutually agreed <br />purposes" without consultation with other affected entities or contrary to established operating <br />principles? What notice, if any, will be given regarding Telease changes? Will release changes <br />be considered a major federal action? The NPCA wrote that potential interference from AB <br />Lateral concerns them: Section 8(b) provides that UVWUA (a sponsor of AB Lateral) will be <br />an interested party and will be invited to give input to the water release schedule meetings, <br />Undoubtedly, W APA will also have input into the question of water release schedules and both <br />could have great influence over the timing of those deliveries, The draft prohibits interference <br />with Aspinall Unit purposes and the BOR has the frnal say in any dispute over timing of releases <br />(with the possibility of Secretarial intelVention). They asked what implications this has for <br />disagreements between the BOR and NPS over the timing of releases, and suggested that other <br />alternatives for resolution of disagreements between the BOR and NPS and ways to avoid <br />disagreements should be built into the contract. They felt generalized guideline scenarios for <br />releases could be incorporated into the contract and would be useful in reducing discretion and <br />ambiguity leading to disagreements over release schedules, <br /> <br />The Preliminary Working Draft states the contract may only be terminated by mutual consent <br />of the NPS, BOR and CWCB. CREDA asked: what is the legal basis for binding the U,S, to <br />a contract with a state agency in this fashion? What happens if the two federal agencies <br />disagree? The term "extreme or unusual circumstances" is used but not defrned in the contract <br />(subparagraph 3,c,). Is it intended that either federal agency can veto carry-over storage under <br />this provision? Why is there no provision for consultation with other affected parties? <br /> <br />The Montrose Economic Development Council and CREDA question the contract term being <br />"in perpetuity." Is it possible to limit the contract to about 10 years, after which time it could <br />be reevaluated given changing circumstances? Can the U.S, enter into a contract in perpetuity? <br />If so, what are the implications should Congress legislate in a manner inconsistent with the <br />provision of the contract? The Montrose Economic Development Council questioned that if the <br />State ultimately develops its 300,000 acre-feet, and the NPS controls all the rest of the Aspinall <br /> <br />38 <br />