Document 6524064

FEB-19-98 09 :01
From:BRATTON l MCCLOW
9706411943
T-951 P.Ql/06 Job-997
BRATTON & McCLOW, LLC
Attorneys at Law
232 West TomiehiAvenue, Suite 202
Poet Office Box 669
Gunnison, Colorado 81280
Telephone (970) 641..1903
Facmnila (970) 641-1943
FACSIMILE TRANSMISSION COVER SHEET
DATE:
February 19, 1998
TO:
Kathleen Klein
Mark Schumacher
FAX NO.:
641-6727
641-1317
FROM:
L. Richard Bratton, Esq.
OPERATOR:
Paula
pages are being transmitted, including this one.
IF ALL PAGES SPECIFIED ARE NOT RECEIVED. OR IF ANY OTHER DIFFICULTY IS
EXPERIENCED IN RECEIVING THIS TRANSMISSION, PLEASE CONTACT THE
OPERATOR AT (970) 641-1903.
-MESSAGEDraft Contract attached.
The Information contained In thil faclimile Ia attorney privillgld and col'lfldentill, int.ndN only for tho u. of tho IndiVIdual or antly
named above. If thft ,..... ia nftt tne intandad I'Bc:Cpiant, ya~ .,.
natifiad that •ny diaaeminatian, ~ ex c:apy of this
QXTITiunkilllfun • ~ pialllllla4 If ,au ~ lllllCitvad tnl• ~on In anar, pteaae lmn'lecl~ notif1 ua by~~~~~~ •net
return thl original rne~~~ge to Ulllt tt111 1bava lddRiu viii u. S. Mill. Thantc ycu.
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FE&-19-98 09:01
9106411943
Frcm:BRATTON &McCLOW
T-961 P.02/0B
Job-eer
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
ASPINALL UNIT
COLORADO RIVER STORAGE PROJECT
CONTRACT BET\NEEN THE UNITED STATES OF AMERICA,
THE COLORADO RNER WATER CONSERVATION DISTRICT
AND
THE UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT
FOR THE DELIVERY OF WATER PURSUANT TO THE SUBORDINATION
OF ASPINALL UNIT WATER RIGHTS WITHIN THt=:
UPPER GUNNISON RIVER BASIN
THIS CONTRACT, made this
day of
1998,
between the UNITED STATES OF AMI!RICA, hereinafter called the United States or
Contracting Obr. acting through the Secretary of the Interior. pursuant to the Ad of June
17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, particularty
the Act of April 11, 1956 (70 stat 105), THE COLORADO RIVER WATER
CONSERVATION DISTRICT. hereinafter called the River District, organized and existing
pursuant to the laws o1 the State of COIOfadO, with ll8 offtce and pnnclpal place Of business
at Glenwood Springs, Colorado; and the UPPER GUNNISON RIVER WATER
CONSERVANCY DISTRICT hereilafter cded the Upper Gunnison District, organized and
existing pursuant to the IIIWII of the state of Colorado with ~ omoe and principal place of
business at Gunnison. Colorado.
VVITNESSETH, THAT:
a.
VVHEREAS, the United States has constructed the Aspinall Unit, Colorado
River Storage Project (CRSP), Including the Blue Mesa, Morrow Point, and Crysbtl Dams
~nd Reservoir&, for the purpose, among other things, of regulating the ftows of the
Colorado River to pennlt the Upper Cotof'lldo River Basin States to more fully utlQze their
allocation of the river waters, as set forth in the Upper Colorado River Basin Compact; and
b.
\NHEREAS, the United States, by that certain Assignment of Water Rights
from the Colorado River VVater Conservation Dtstrtct dated Janwry 28, 1982, Is the owner
of the decrees as outlined in Article 1 herein, and recorded in water District 62 and Water
Division 4 In Montrose, Colorado, hereinafter c~fled •'Aspinall Unit Rightsn; ~ ~
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o.
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9706411943
~cCLOW
\I\IHEREAS, the February 1969 Economic Juatification Report for tile Aspinall
(Curecanti) Unit of CRSP recognized the possibility of up to 60,000 acre-feet (a.f.) of inbaSin depletions occun'ing upstream of the Aspinall Unit without affecting the feasibility of
the AstPinall Unit; and
d.
WiEREAS. the United States declsian that the Aspinall Unit rights would be
utilized in such a manner and pursuant to operating criteria that will permit future upstream
water depletions by projects constructed fOr use of water In the Upper GunniSOn Basin In
the aggregate amount to be determined by the United states even though such projects
divert under priority subsequent in time to the priorities af the Aspinall Unit rights,
hereinafter referred to either ac "subordination" or "depletion allowance," reflect$ a
commitment that was made prior to the construction of the Aspinall Unit and which has
been recognized prior to this contract both informally and pursuant
executed in 1964 and 196S with Individual water user entities; ""d
to four contracts
e.
'MiEREAS, the River Diabict propo&ea to contract with the United States so
as to provide water to and represent various individual water users in the Upper Gunnison
River Basin illbave Crystal Dam and ResaNalr and Morrow Point Dam and Reservoir, but
below Blue Mesa Dam and Reservoir pursuant to a subordination contract as anticipated
in the 1959 Economic Juatificatioo Report for the Aspinall Unit
f.
WHEREAS, the Upper Gunnison Diatriet also propoaes to contract with the
United States ao as to provide water to and represent various Individual water users In the
Upper Gunnison River Basin above Blue Mesa Dam and Reservoir pursuant to a
subordination contract as anticipated in the 1959 Economic Justification Report for the
Aspinall Unit
NOW, THEREFORE, it ia mutu21lly agreed as follows:
mts
e
1.
The United States Is the owner of the following Aspinall Unit
those water right decrees that are recorded in Water District 62 and
and Water
5'=1
Division 4 in Montrose County, Colorado as follows:
Apprwrtnon date 11/13/57
Aqjydjcatjon date 3130/QO
prioritv No.
Blue Mesa Reservoir
939,204 A. F.
2,500d"s
447
Blue Mesa Powerptilnt
Blue Mesa Refill
122,702 A. F.
445
Morrow Point Reservoir
Morrow Point Powerplant
114,706A.F.
2,500 cfs
449
450
30,000A.F.
445
3,000 cfs
446
Crystal Reservoir
Crystal
Powerplant
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which are
448
FE~l9-98
09:03
From:BRATTON &~cCLOW
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9706411943
These decrees wel'8 made absolute in water Division 4, Caae No. 80CW156, dated
November 13, 1980.
2.
As a condition for the United States to subordinate the Aspinall Unit water]
rights to water users in the Upper Gunnison River Basin, the River District agrees to ~
represent the various individual water user entities upstream of the Crystat Dam and .
Reservoir and Morrow Point Reservoir, who hold adjudicated decrae(s) upstream and
M•JJ
junior to the decrees owned by the UniteCI states.
~ ~ ~~~
3.
Aa a condition for the United states to subordinate the Aspinall Unit water
rights to water ueera in the Upper Gunniaon River Basin, the Upper Gunnleon District
agrees to represent the various individual water u•r entities upstream of the Blue Mesa
Dilrn ctnd Reservoir, who hold adjudicated decree(s) upstream and junior to the decrees
owned by the United States.
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4.
On or before AprU 1at of each
the River District and the Upper Gunnison t:::h ~
..ar,
District agree to provide to the Bureau of ~mation in Grant Junction, Colorado, or any ~?
other location designated by the Unl
• a list of the IndiVIdual water users, located ~
in the area represented by th Colorado istrict and the Upper Gunnison District,
•
respectively, the amount of diversto
IC feet per second (cfs), the general area of
said diversion and use, including the name of the drainage area involved, the estimated
amount of the diversion in acre-feet, and the priority number of their diversion. The
tabulatlon snail also Include the anttelpated water diversions during me upcoming watar
year (October 1 through September 30), and a tabulation of similar Information showing
the estimated diveraiona and estimated depletions made during the previous water year.
In providing the list of water users and tabulation specified above, the River District and the
Upper Gunnison District shall separately identify the water rights added each year which
were not InCluded fn the tabulation and liSt for tne prior year.
5.
The United States will complete all work required under the National
En\lironmental Policy Act in order to effect thia subordination.
i)~ ~ (kl..,n.<:t-~
8.
The United States agreektb:ubordinate u~to 10,000 a.f. of water depletions
in the Upper Gunnison River Basin~ Crystal Dam, and 1o.ooo a.f. between Blue
Mesa Dam and Morrow Point Dam to the River District and 40,000 a.f. above Blue Mesa
Oam to the Upper Gunnison District who shall respectiVely represent the individual water
user entities who are the owners of adjudicated water rights junior in priority to the Aspinall
Unit. By subordinating to the junior rights af1hese individual water users, the United States
agrees that the water users may continue to divert when a call is placed on the Gunnison
River by the United States. The depletions againat which the United States foregoes its
call under this contract. shalt be charged by the Staw Engineer against the annual fill of
Crystal Reservoir, Morrow Point Reservoir and Blue Mesa Reservoir, in the amounts
specified above, respectively, in order to prevent injury to otht~r upstream juniors. Included
as a depletion within the accounting would be water consumptively used through
evapotrans~ration, reservoir evaporation and domestic uses. water which is diverted and
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FE.J-19-99 09:03
9706411943
Fr011:BRATI(JI l McCLOW
subsequently retuma after a delayed period of time snell
T-951 P.05/06 Job-987
not be counted as a depletion
under the accounting as it applies to this cantr.ct.
7.
Noth~ in this contract shall be construed as an aeaiQnment of Aspinall Unit
water rghts, as an obligation to deliver Aspinall Unit water, or as a limitation on the United
States right to place a call on the Gunnison River.
a.
Nothing herein ahaU be construed to permit use by the River District, or the
Upper Gunnison District. or any individual water user Which the River District or the Upper
Gunnison District represent or contract with, tor the use of Aspinall Unit reservoir'S in
exchange or replacement of water, or for any ather purpose wtthout the approval of the
United States, including payment therefor to the United States.
9.
The utilization of water by the individual water users or the District, shall be
subject to operating criteria developed by the United States, the River District, the Upper
Gunnison Oiatric:l, the Colorado State Engineer and the Colorado Water Conaervatlon
Board, and other partiea relating to water depletion on the Gunnison River and its
tributarieS, and it shaH also be subjeCt to the taws of the state of Colorado relating to water,
ditch, and reservoir rights. Tile River District and the Upper Gunnison District respectively
shall be 1'88ponsible for adjudicating said subordination or depletion allowance as may be
I!QI.lirad 1[1 order for the Colorado State Engineer to eff!ctively administer &aid water righta
in acccwdance with Colorado law. The United States agrees to cooperate with the District
in accomplishing such court adjudicatiOn.
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10. The appftcation of the subordination, or depletion allowance, as provided in
this contract shall be applicable without limitation to all
In the Upper
Gunnison Basin and shall not in any way be
relationship
or relatiVe priOrity of any ~hta within the baSin except
as
to subordination
of the Aspinall Unit rights as is specifically provided for herein but not.~~~~!~.J'""'~
11.
This contract may nat be acsigned
of the United States.
in(..~~~~~~~~tJ
This contract and all water diverted pursuant thereto shall be subject to and
controlled by the Colorado River Compact dated N~r 24, 1922, and proclaimed by
tha Preaident of th• United States, June 25, 1929; the Boulder Canyon Project Act
approved December 21, 1928: the Boulder Canyon Project Adjustment Act of July 19,
1940i the Upper Colorado Riv.,r Basin compact dated Ocitober 11, 1948; the Mexican
Watar Treaty of February 3,1944: the Colorado River Storage Project Act of April11, 1956:
and the Colorado River Basin Project Act of September 30, 1968, Publlo Law 90-537.
12.
13.
No Member of or Delegate to Congress, Resident Commissioner or official
of the Oiatrict ahaJI benefit from this contract other thiilfl • a water user or landowner In tne
same manner as other water users or landowners.
4
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From:BRATTON l McCLOW
14.
Any notice, demand, or request authorized or required by thia contract shall
be deemed to have been given, on behalf of the district, when mailed, postage prepaid, or
delivered to the Regional Director, Upper Colorado Region, Bureau of Reclamation, P. 0.
Box 11568, SaJt Lake City, Utah 84147. and on behalf of the United States when mailed,
postage prepaid, or delivered to the President, Cotorado River water Conservation Distrtct,
P. 0 . Box 1120, Glenwood Springs, Colorado 81602. The designation of the addressee
or the address may be changed by notice given in the same manner as provided in this
paragraph fOr other notiCes.
The provisions of this contract shall apply to and bind the successors and
:a"lgne of the parties hereto, but aaaignmant or transfer of this contract or any right or
interest therein shaU not be valid until approved in writing by the United States.
15.
16.
This contract may be terminated by either party upon 120 days written notice.
IN WITNESS \NHEREOF, the parties hereto have executed this contract the day
and year first above written.
THE UNITED STATES OF AMERICA
BV.----------------------------------THE COLORADO RIVER WATER
CONSERVATION DISTRICT
BY----~-------------------------------President
ATTEST:
Secretary
THE UPPER GUNNISON RIVER WATER
CONSERVANCY DISTRICT
BY.----~------------------------President
ATIEST:
secretary
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