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Show 2. // The Bonneville Unit, as described in the above noted Repayment Contract, contemplates the average annual development of 313,000 acre feet of water for consumptive and other uses. (Should these other uses be spelled out here? What are they?) Of this total the present project plan contemplates the transbasin diversin of 136,000 acre feet of water through what is known as the Syar Tunnel and Diamond Fork Power System , to a reregulating reservoir known as the Hayes Dam and Reservoir, and thence the water will be utilized in the Bonneville and Sevier Basins for municipal, industrial, irriga- II *> tion and other uses. (Since this is a renogiation of an existing - 11' II 1 ' ' S B B 3 3 H - - g agreement, any differences in uses should be detailed in this new agreement. Also, in this paragraph, relevant compacts and agreements over water rights of the Ute Indians, either in the 136,000 a f of W a t e water or o.ligatlons/co^tt.ents on the State to the Utes in the CUP development,and consequent to use of Indian water, should be stated. Otherwise, the implication is that Utah has clear title to 136,000 a f of water. Act of June 17, 1902; Act of April 11, 1956 (70 Stat. 105); Agreement of September 20, 1965-Contract #14-06- W-194; Resolution # 77-185; Ute Indian Compact, Feb. 27, 1979) In the planning, and through the ensuing construction of '1^ the Bonneville Unit, there has been a continuing concern (by the Forest Service, the State Division of Wildlife Resources, the Fish and Wildlife Resources, and conservation groups) for the preservation of minimum stream flows, to maintain fisheries Cwhich includes natural reproduction) in the streams ( rivers) in the Uintah (and Bonneville Baslns)on which some of the project works are being constructed. (These same groups have repeatedly expressed concerns about loss of and impacts on wildlife habitats - those associated with rivers,.with wetlands, with migration routes, as well as general Forest land wildlife productivity. These concerns have been expressed in terms of the following legislation; Agency mandates, Administrative Directives and Guidelines, Executive Orders and Administration Water Policy to which Federal Agencies are bound. All these laws and regulations, some more recently established, have been brought to bear on CUP issues and are applicable to this Agreement. - Multiple Use-Sustained Yield Act (74 Stat. 215; 16 U.S.C. 528) which policy mandates management obligations for fish, wildlife and recreation associated with these resources Succeeding Forest and Range Management Acts having the same purposes (38 Stat. 476, 1974; 9- Stat 2949, 1979, P.L. 95-313, 1978) - The Clean Water Act, P.L. 95-217; Sections dealing with maintaining and restoring biological chemical and physical integrity of the nation's waters, the protection of fish (aquatic environments) and wildlife (terrestrial habitats), recreation in and on water. |
