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<br />n"~ U'~ <br />V~_.l,Jt <br /> <br />., <br /> <br />release from McPhee, plus periodic spills and the water passed through McPhee to meet the call <br />of a few downstream senior water rights, represents the water available to satisfy the junior <br />CWCB right. Because the instream flow right is junior to the water rights for McPhee Reservoir <br />and those of MVIe, it cannot call water through the reservoir. Under the proposed action, the <br />diversions from the Dolores River under the Dolores Project and MVIC rights would not change; <br />therefore there should be no injury to the instream flow right from the federal action. Under <br />Colorado water law, changes in point of diversion or use of a senior water right can be objected <br />to by a junior instream flow right if harm occurs, but this does not appear to be the case in this <br />instance. If the CWCB does believe their instream flow right was to be harmed, they can file a <br />statement of opposition and seek appropriate terms and conditions through Water Court. <br /> <br />Recreational Boating and Fishing <br /> <br />Comment 23- The water withdrawn would reduce the boating season and reduce flows that <br />support recreational fishing--boating season would be reduced by a least a sixth. <br />Response 23- The proposed action would not reduce flows more than what was anticipated with <br />full Dolores Project development, as previously addressed in the April 1977 Definite Plan <br />Report. <br /> <br />If the MVIe water for sale were to stay in McPhee Reservoir after October in any year, it would <br />increase the "spill" in years that spills occurred, by virtue of the existence of a fuller reservoir <br />going into spring runoff the following year. This would increase the boating season or spill <br />magnitude but not add to the fishery pool. However, MVIC is anticipated to use the subject <br />water through the sale and Carriage eontract or, absent a earriage eontract, for irrigation <br />through private canal systems. <br /> <br />Comment 24- The salvaged water is presently used for rafting and fishing in the Dolores River <br />downstream from McPhee. The carriage agreement would reduce the boating season (for <br />example by one-sixth in a year such as 2000). Commercial and private rafting on the Dolores <br />River provides employment and substantial income to the local community. <br />Response 24- The 6,000-8,000 acre feet of water has historically been diverted from the Dolores <br />Basin when available and when needed. During the last 10 years; this has happened at least 3 <br />times. In years that it stayed in McPhee Reservoir and runoff conditions caused McPhee to spill <br />the following spring, the water could expand the spill period or the magnitude of the spill used by <br />rafting. (Six thousand to 8,000 acre-feet could provide 3-4 days of rafting during years when spill <br />occurred). In the year 2000, the water was diverted from the basin, so there would have been no <br />effect to rafting. If the Carriage Contract is not executed, MVIe is anticipated to find other uses <br />for the water, so it appears the water will not be available to supplement rafting flows under any <br />alternative, including No Action. <br /> <br />Comment 25- The Dolores River Instream Flow Partnership is seeking additional water for the <br />tailwater fishery. Given the publicly-funded subsidies that have been and are continued to be <br />provided, MVIC and the DWCD should be willing to sell some water for fishery purposes to <br />serve the public interest. In lieu of providing such a benefit to the public, MVIC and the DWCD <br /> <br />29 <br />