WSP07846

• File Number: 8240.200.48.D.3
• Description: Wolford Mountain
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/13/1992
• Title: Wolford Mountain Reservoir Water Substitution - Record of Decision
• Water Supply Pro - Doc Type: Record of Decision

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requires supplementation. Following are the BLM responses to
other issues raised by the Corporation and County:

A. The BLM decision to amend the Kremmling Resource
Manaqement Plan does not authorize the construction of the
Wolford Mountain Dam and Reservoir. It only serves to modify
land use allocations as a prerequisite to the proposed reservoir
use. It is assumed in the environmental impact statement and
plan amendment process that the substitution agreement to be
developed by Reclamation is subject to Colorado water law and
will be administered in accordance with water right decrees.

B. The FEIS on page 2-8 contains the following statement:
"Trans Mountain Hydro Corporation has a direct flow right but no
rights to the waters stored by the United States in Green
Mountain." It is clear that the BLM Colorado State Director has
acknowledged the existence of Trans Mountain Hydro Corporation's
water right.

C. As provided for in the proposed substitution agreement,
judicial authorization will be obtained for the substitution
contemplated.

In its protest, the Corporation claimed that administration of
Wolford Mountain Reservoir resulting from implementation of the
substitution agreement constitutes a major operational change of
the Green Mountain Reservoir, and therefore, requires the
approval of the Congress. BLM stated that this is an issue more
properly addressed by Reclamation. Consequently, Reclamation and
the Secretary of the Interior have determined that the action
would not constitute a major operational change; therefore, no
a~proval of the Congress is necessary.

VI. IMPLEMEN'l'ING THE DECISION AND ENVIRONMEN'l'AL COMMITMENTS

Reclamation and ELM are committed to the following stipulations
to ensure the protection of environmental resources while making
decisions on water substitutions, approval of ROW, and approval
of the plan amendment to the Kremmling Resource Management Plan
necessary to implement the preferred alternative.

A. Recl~m.tion Commitments:

1. Ensure that the agreement to provide for water
substitution is limited to substitution between Wolford Mountain
and Green Mountain Reservoirs, except in certain situations. It
is acknowledged in the FEIS that Denver may seek to use Wolford
Mountain Reservoir to fulfill the historic functions of Williams
Fork Reservoir if, for some unforeseen reason, Williams Fork
Reservoir is not available or capable of serving those functions.