37th {.1911me Int. Sam-iat- House ND. 13!) PRINCIPLES FRYINGPAN-ARKANSAS PRUJECT ADDPTED BY THE STATE DF APRIL 31}, 1959 mended. DecEmb-er 30. 19155. and December 9, ,?11'311'1 - - . . 4mm?.- 2 - mag unf?'. .. 1' mm. a? MAE-GE 15. ESL??nderad to be printed 11.8. 641mm PRINTEHE- G'ng 1H1 IN THE HoneE OF REPRESENTATIVES, U.S., March 15, 1961. Resolved, That there be printed as a House document the ubliea- tion entitled ?Operatin Principles, Fryingpan-Arkeneae Adopted by the State of olorado, April 30, 1959 (as amended Decem- ber 30, 1959, and December 9, 1960)?, and that there be printed for the use of the Committee on Interior and Insular Affairs one thousand additional copies. Atteet: RALPH R. ROBERTS, Cleric. 19. my. 91 OPERATING PRINCIPLES, PROJECT ADOPTED BY THE STATE OF COLORADO, APRIL 30, 1959 (As Amended December 30, 1959, and December 9, 1960} The construct-ion and Operation of the reject involve the diversion of water from the headwaters of the River and other tributaries of the Roaring Fork River to the Arkansas River Basin. The project contemplateaw The maximum conservation and use of Twater; The rotection of western Colorado water uses, both existin an potential, in accordance with the declared policy of the gtate of Colorado; and The preservation of recreational values. In order to accomplish such purposes, the project shall be operated by the United States in com liance with the Federal reclamation laws, the laws of the State of olorado relating to the appropriation, use, or distribution of water, and the following operating principles: 1. As used herein: ?Project? means that certain enterprise planned and designed by the Bureau of Reclamation, Department of the Interior, for the transmountain diversion of water from the headwaters of the Fryingpan River and other tributaries of the Roariu Fork River to the basin of the Arkansas River, together with of its appurtenant works and facilities in both eastern and western Colorado. ?Eastern Colorado" means that portion of the State of Eolorado lying within the natural drainage basin of the Arkansas ?781'. ?Western Colorado? means that portion of the State of Colorado lying within the natural drainage basin of the Colorado River and served by diversions made from the Colorado Hirer, or its tributaries, above its con?uence with the Gunnison River. ?Southeastern Colorado Water Conservancy District? means that entity created to contract for payment to the United States of an appropriate portion of project cost allocated to certain Water uses in eastern Colorado. (5) ?Colorado River Water Conservation District? means that entity created by Colorado Revised Statutes 1953, 149-8, as amended. ?Southwestem Water Conservation District? means that entity created by Colorado Revised Statutes 1953, 149?9, as amended. ?Ruedi Reservoir? means the reservoir presently planned for construction on the Fryingpan River above the town of Basalt as part of the project. l2 IOPERATING PRINCIPLES, PROJECT - (It) ?Ashcroft Reservoir? means not only the reservoir con- templated for construction on Castle Creek, a tributary of the Roaring Fork River, but also, unless the context requires other- Wise, any other reservoir that may be constructed in the Roaring 4 Fork Basin above the town of Aspen in lieu of that reservoir. 1 means cubic feet of water per second or time. 2. The Ruedi Reservoir shall. be constructed and maintained on the Fryingpan River above the town of Basalt with an active capacity of not less than 100,000 acre-feet. In addition thereto and in order to offset adverse stream?ow conditions on the Roaring Fork River above the town of Aspen which might occur as a result of the project ,enlargement of the Twin Lakes Reservoir, the Ashcroft Reservoir on Castle Creek, or some reservoir in lieu thereof, shall be constructed. on the Roaring Fork drainage. above Aspen to a capacit of approxi? 'mateli 5 000 acre feet: Providing, however, That the As croft Reser- voir al be constructed only if the Secretary of the Interior after ,a propriate' study shall determine that its bene?ts exceed the costs: no! providing further, That no art of the construction, 0 oration, or maintenance of said Ashcroft IReservoir shall be chargeable to the Fryingpan-Arkansas project. 1 All of such stored water shall be released under the conditions and limitations hereinafter set forth. 3. The receipts from the sale of water from Ruedi Reservoir, as permitted in paragraph 6(b) hereof, shall be applied solely to the oper- ation and maintenance costs and to those reimbursable construction costs of said reservoir which exceed $7,600,000. The cost of perpetual ,operation and maintenance of the Ruedi Reservoir shall be home by users of project water and users of Water stored in Ruedi Reservoir ,in such proportion as may be determined by the Secretary of the Interior. 4. The inclusion of the Ruedi Reservoir in the project shall not "preclude the construction of any other replacement or regulatory reservoirs on the Colorado River or its tributaries above Cameo 'gagin station. 5. The Ruedi Reservoir shall be completed and in oration before any water is diverted to eastern Colorado by means otP the project. 6. The replacement capacity of Ruedi Reservoir, and any reservoir constructed in addition thereto, is that portion of the total reservoir capacity required to permit project diversions at times when such diversions could not otherwise be made because of simultaneous demands of senior diversions in western Colorado existing at the time :of the ado tion of these operating principles, and shall be so 0 erated to accom lish this purpose. Water stored in such ca acity all be released the United States, upon the request ofp the Colorado State engineer, to the extent that water would have been available to said decreed rights except for stream depletion resulting from diversions by this project to the Arkansas Valley. (6) The regulatory capacity of Ruedi Reservoir, and any reservoir constructed in addition thereto, is that portion of the total reservoir capacity not needed for replacement purposes. Water stored in such category may be sold or leased by the United States to waterusers in Colorado for any purpose recognised by the laws of the United States: Preceded, That the sale of water for use outside the natural basin of the Colorado River can only be made with the consent of the Colorado .OPE-RATING PRINCIPLES, PROJECT I River Water Conservation Districtsuch water shall be established by the Secretary oij?rtghe Interior bv appropriate contract in accordance with the payment ability of such water users. 7. The primary purpose of Ruedi Reservoir, and any reservoir con- structed in addition thereto, is to furnish, to the extent of its capacity, in like manner as if the project were constructed by a water conserv- ancy district organized ursuant to the laws of the State of Colorado, the water required for protection of western Colorado water users by the provisions of Colorado Revised Statutes 1953, 149?6?13, reading as follows: However, any works or facilities planned and designed for the exportation of water from the natural basin of the Colorado River and its tributaries in Colo- rado, any district created under this article, shall be subject to the provisions of the olorado River Compact and the Boulder Canyon Project Act. Any such works or facilities shall be designed, and operated in such a manner that the present appropriations of water, and in addition thereto prospective uses of water for irrigation and other bene?cial consumptive use purposes, including consumptive uses for domestic, mining, and industrial purposes, within the nat- ural basin of the Cplorado River in the State of Colorado, from which water is exported, will not be impaired nor increased in cost at the expense of the water users within the natural basin. The facilities and other means for the accomplish- ment of said purpose shall be incorporated in, and made a art of any project plans for the exportation of water from said natural basin in olorado. 8. Project diversions from Lime Creek shall be made only in the months of May and June of each year, unless the Colorado River Water Conservation District shall, by written communication, advise the Colorado State en 'nccr that additional diversions can be made. 9. The respective ecrees which may be or have been awarded to the parties hereto as a part of the Fryingpan?Arkansas project and Basalt roject shall be administered the proper of?cials of the State 0 Colorado in accordance with the applicable laws of the State of Colorado, and with the following principles and procedures, to wit: That the demand on the waters available under such decrees shall be allocated in the following sequence: For diversion to the Arkansas Valley throu the collection system and the facilities of the Fryingpan-Ar ansas project in an amount not exceeding an aggregate of 120,000 acre-feet of water in any year, but not to exceed a total aggregate of 2,352,800 acre-feet in any period of 34 consecu- tive years reckoned in continuing progressive series starting with the ?rst full year of diversions, both limitations herein being exclusive of Roarin Fork exchanges as provided in (6) below, and exclusive 0 diversions for the Bush-Ivanhoe decree; and with the further and absolute limitation that in order to protect existing and future bene?cial uses of water in- wtern Colorado, including recreational and ?shing values, the State engineer shall so regulate the transmountain diver- sions above referred to, to the end that no diversions shall be made which will reduce the remaining aggregate stream- ?ows to less than eith er of the following minimum standards: The Fryingpan collection system at the points of diversion collectively, exclusive of Lime Creek: 15" c.f.s. October 1 through March 31; 30 c.f.s. April 1 through September 30'. (ii) Near Norrie (hnmediately below the junctio?n-' of North Fork and Fryingpan River): 30 c.f.s. October I4 I erasarmu samemtns, ramsran-asmsas PROJECT - 1 through March 31; 100 c.f.s. April 1 through A ril 30; 150 c.f.s. May '1 through May 31; 200 c.f.s. one 1 through June 30; 100 c.f.s. July 1 through July 31: 75 c.f.s. August 1 through August '31 ;-65 c.f.a. September 1 through September 30. In maintaining the above minimum standards, the project diversions shall be regulated, so 'far as is ac- ticabie, in such a manner that the North Fork 0 the Frlzingpan River, the Fryingpan River, and each of the tri utaries of those streams, shall contribute to the residual stream?ows required by those minimum stand- ards quantities of water in proportion to their natural contributions. (6) For storage in Ruedi Reservoir to the extent of its gctual capacity, which is to be not less than 100,000 acre- set. For 3,000 acre-feet annually, to the extent that it is available in excess of and above, or such art thereof as may be required, to be delivered to the Wl'Il Lakes Reservoir dz Canal Co. in exchange for equivalent releases from the headwaters of the Roaring Fork River which Would otherwise be diverted through such Twin Lakes Reservoir (it Canal Co. collection and diversion system. (of) For any other bene?cial use in western Colorado in accordance With court decree, but not herein contemplated. (2) The e?ectuation of the above principles requires concur- rent Fry' pan?Arkansas project diversion and Ruedi Reservoir storage to accomplished in the manner following: The State engineer annually shall collect pertinent data, including inform-a~ tion ertaining to snow pack and all other available evidence, and all thereafter so divide and apportion the surface runo?" as to achieve, as nearly as possible, the foregoing division of water and the maximum of concurrent diversions and storage. The diversions herein contemplated shall be on the basis of a water year hereby de?ned as that interim of October 1 through the following September 30. 10. For the protection of recreational values, including ?shing, on the Fryingpan River below Ruedi Reservoir, releases of water from said reservoir, not to exceed the stream in?ow, shall be made so that the stream?ow immediately below the junction of the Fryin an River and Rocky Fork shall not be reduced below 39 ads. rorn November 1 to April 30, and 110 c.f.s. from May 1 to October 30, or as actual experience or court decree shall hereafter dictate. 11. An appropriate written contract may be made whereby Twin Lakes Reservoir alt Canal Co. shall refrain from diverting water when- ever the natural flow of the Roaring Fork River and its tributaries shall be only suf?cient to maintain a ?ow suits] to or less than that required to maintain the recommended average ?ows in the Roaring Fork River immediately above its con?uence with Dif?cult Creek in a quantity proportionate to the respective natural ?ow of the Roaring Fork River. The recommended average ?ows above mentioned are ?ows in quantities equal to those recommended as a minimum imme- diately above its con?uence with Dif?cult Creek according to the cremains PROJECT 5 following: by the United States Fish and "Wildlife SerVice and the Colorado Gallic and Fish Commission: A reruns Aero?ot I Averasn- Acre-[ml second-few ?hung-cur]ij Ml Mar 1m as :57: 2. I I Juno lal 12?3- 1.s 1m EL2 January ill: 1.Ei I?n?d 3.9 _l :5 1.4 14 2.11: 2-: 1. F. April I ll. h? I Total. JO. 9 In maintaining the above averages, at no time shall the ?ow be reduced below 15 c.f.s. during the months of August to April, in- clusive, or below 60 c.f.s. during the months of May to July, inclusive, providing the natural ?ow during said period is not less than these amounts. The obl' tion to supply the minimum stream?ow as set forth in the above t?e on the Roaring Fork River shall, to the extent of 3,000 acre-feet annually, be a project obligation to be plied from any waters diverted from the south tributaries of Hunter eel-r, Lime Creek, Last Chance Greek, or any of them. The Twin Lakes Reservoir 6: Canal Co. shall not be re uired to refrain from diverting water under its existing decrees cm the Roaring Fork River except to the extent that a like quantity of replacement water is furnished to said company without charge therefor through and by means of pro'ect diversions and storage. if by reason of storage capacity in Ruedi Reservoir or any reservoir constructed in addition thereto, the Twin Lakes eservoir ?in Canal Co. derives additional water or other bene?ts or advantages it would not have realized had this project not been constructed, then nothing herein contained shall prevent the pro?ect from making a propriate charges for such water or other bone to or advantages. revenues derived from the use of water stored in Ashcroft Reser- voir shall be used to assist in the re ayment of the constructiop, operation, and maintenance costs of at reservoir, or any reservoir constructed in lieu thereof, as may be determined by the Secretary of the Interior. 12. All lands ac aired and held for project construction and opera? tion and water sur aces of project reservoirs will be open to the public for recreational purposes, excepting those areas reserved by the operating agency. 13. The reject will be operated in such a manner that those in eastern Co orado using project water imported from the Colorado River Basin for domestic purposes shall have preference over those claimin?lor using water for any other as. 14. project is to be operated in sue a manner as to secure the greatest bene?t from the use and reuse of imported project Waters within reject boundaries in the State of Colorado. 15. ny and all bene?ts and ri of western Colorado water users 1n and to water stored in Green contain Reservoir, as described and de?ned in Senate Document 80, 75th Congress, let session, shall not be irnpaired or diminished by this project. 16. The project, its operation, maintenance, and use shall be sub- ]ect to the provisions of the Upper Colorado River Basin Compact of 6 OPERATING PRINCIPLES, PROJECT October 11, 1948 (Public Law 37, 81st Cong, 1st seas), and the Colorado River Compact of November 24, 1922 (H. Dec. 605, 67th Cong, 4th 17. The Colorado River Water Conservation District of the State of Colorado shall acquire title to stor of water in Ruedi Reservoir: and any reservoir constructed in ad ition thereto, by appropriate proceedin in the courts of the State of Colorado. The Southeastern I Colorado ater Conservancy District of the State of Colorado shall likewise acquire title to the water required by the project for diversion to the Arkansas Valley. The Secretary of the Interior shall at any' time after the authorization of the project have the option to obtain or require the transfer to the United States of any and all rights. initiated or a uired by appropriation as hrein set forth: Preceded, however, That rights so taken shall be subject to a bene?cial use of such water as may be provided in the repayment contract or con-' tracts, and subject to all the operating principles herein set forth. 18. No transmountain diversion of water shall ever be made through I the collection and diversion stem of the Frying an-Arkansas project in excess of the quantitative ?tations and conditions established this document: Provided, actuator, That when, under the laws of the State of Colorado, there ma be additional water available for such collection and diversion whic is not at the time of diversion required for bene?cial use in western Colorado or for ?lling interstate water compact agreements, then such water ma be collected and diverted. for bene?cial use in the Arkansas Valley: resided, farther, That such additional diversion shall only he made with the mutual consent of each of the following agencies of the State of Colorado, to wit: the' Colorado Water Conservation Board, the Southwestern Water Cen- servation District, the Colorado River Water Conservation District, I and the Southeastern Colorado Water Conservancy District. 19. To assure project operation in conformit with the operatin I princi?le heretofore stated, to provide a means or the collection an interc sage of information, and to provide a method for the con- tinued study of project operations to the end that, if the stated oper? sting princi les may be improved upon, recommendations for changes may be to the contractin parties, a commission shall be created I in an ap ropriate manner to is composed of one representative of the Southeastern Colorado Water Conservancy District, one repre?I sentative of the Colorado River Water Conservation District, two representatives of the United States, and one re resentative of the State of Colorado appointed by the Colorado Vigater Conservation I Board after consultation with the Colorado Game and Fish Commis- sion. The powers of such commission shall be limited to the colleca \tion of data, the making of ?ndings of fact, and the suggestion of changes in operating principles. These operatinfg rinciples shall be deemed to have amended and take the place those operating princi les nod and executed on April 30, 1959. These operating princip es sh be and do constitute a contract between the signatory parties, and shall inure to the bene?t of and shall be and- remain binding upon said parties, their respective I lsuccessors and assigns. DPERATWG PRINCIPLES, FRYINGPAN-ARKANSAS PROJECT Executed as amended at Denver, 0010., this 9th day Of December 1960. COLORADO WATER CONSERVATION BOARD. By STEVE MCNICHOLS, Chairman; Governor, State of Calomdo. Atteat: . FELIX L. SPARKS, Director and Secretary. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT. By J. SELBY YOUNG, President. Attest: J. G. SHOUN, Secretary. COLORADO RIVER WATER SERVATIDN DISTRICT. By A. ALLEN BROWN, President. Attest: PHILIP P. SMITH Secretary. SOUTHWEBTERN WATER CONSER- VATION DISTRICT. By IRA E. KELLY, President. Attest: ARCHIE B. TONER, Secretary.