Windy Gap Firming Project agreement advances
November 21, 2013
The Windy Gap Firming Project (WGFP) intergovernmental agreement (IGA) is in final form but has not been totally wrapped up because two important preconditions have not been completed, General Counsel Peter Fleming reported to the Colorado River District Board of Directors at its October meeting.
Like the Colorado River Cooperative Agreement between Denver Water and the West Slope, the Windy Gap Firming Project IGA is a package of mitigation enhancements that would be part of the Windy Gap Firming Project once it is permitted for the Municipal Subdistrict of Northern Water by the U.S. Bureau of Reclamation.
The preconditions for the River District’s execution of the agreement are that the United States (1) makes a satisfactory finding that the WGFP can be operated consis‐ tent with Senate Document 80 — meaning no impact to the United States’ obligations to the beneficiaries, including West Slope beneficiaries, of the Colorado Big Thompson (C‐BT) Project, and (2) adopts an enforceable provision recognizing that if the River District does not challenge the WGFP permitting decision, that it does not waive any legal rights regarding federal decisions involving the same or similar legal issues.
Fleming anticipated that that these conditions will be satisfied in the context of Reclamation’s final record of decision on the WGFP, which is expected in the first part of 2014. In the meantime, Fleming said the River District has worked extensively with Grand County on matters related to the WGFP and the operation of the C-BT Project — including the Grand Lake Water Clarity Agreement and the upcoming initiation of the WGFP Carriage Contract negotiations.
With respect to the Grand Lake clarity issues, Fleming reported there have been several meetings with Reclamation and Northern to help ensure that a workable solution can be reached to meet the Grand Lake water quality standard. An important goal in that regard has been to avoid a stalemate over a massively expensive “fix” that could require a separate congressional authorization and appropriation.
With regard to the WGFP carriage contract negotiations, the River District has assisted Grand County in efforts to secure the best possible negotiating position in Reclamation’s negotiation process.
Fleming said the River District believes Grand County’s specifically identified role in Senate Document 80 entitles the county (and its advisers) to a more involved position in the negotiations than Reclamation’s standard “sit and‐observe” role for members of the public in its contract negotiation process.
Another goal is to ensure that the Windy Gap water that Grand County is entitled to use pursuant to the IGA can be stored in Granby Reservoir for no charge or at a very affordable rate.