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. .- Draft 4-1-71 'I 0251 PROPOSED WINTER WATER STORAGE PROGF~M FRYINGPAN-ARJ<AlISAS PROJECT Contract No. 14-06-700-4715 between the United States and the Southeastern Colorado Water Conservancy District, on pAge 4, paragraph 1.(e), defines "lIinter. Storage" a<; that water which is stored in project facilities, pursuant to existing appropriation rights in the water of the Arkansas River and its tributaries, each year through the forebearance of prior appropriators in the District from exercising their direct flow rights during the nonirrigation season, November 1 to April 1, or such other five months' winter period as may be agreed upon by the Secretary, the District, and the water users. The project studies show the "Winter Storuge" delivered to the District, at $2.25 per acre-foot, amounts to 65,900 acre-feet or an avcrage annual revenue of $148,275. Unless this ",linter Storage" revcnue is realized the contract provides that the cost for "Project Water" is increased to compensate for this revenue loss. The project studies assume all of the "Winter Storage" accumulates in the Bureau's Pueblo Reservoir, and the participating canals are those diverting water from the Arkansas River between thc Pueblo Reservoir and the John Martin Reservoir. No so-called "Winter Storage" can accumulate in the project's upstream reservoirs .under the project rights sinc.e the winter inflow to those reservoirs is minor and already appropriated by other entities. Following are 12 general principles or conditions which are necessary for the program of "Wintcr" Storage" to operate: 1. All direct flow and storage right holders would forego the right to call water past or through Pueblo Reservoir.--All canals in the Vis- trict between Pueblo Reservoir and John Martin Reservoir would be subject to this agreement and would be the beneficiaries of the program. Canals below John Martin Reservoir cannot legally call water from upstream by terms of Arkansas River Compact. The Amity Canal Company, though not in the District, diverts water to storage in the Great Plains Reservoirs under a decreed storage right via the Fort Lyons Canal which is above John Martin. Therefore, it is necessary to have an agreement with the Amity Canal Company which would be an inducement to them not to exercise their rights against the upstream storage rights. In other words, an agreement which would assure them something better than they have under present conditions. ~ \ l ..