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- e _VOL. 79-NO.' 187 , -- ! c.") I~ ontrose Daily Press MONDAY, MAfI~H,30, 1987 14 PAGES TODAY ..25<t Gunnison' minimum flow plan is studied 81 JIM McCANN Asslst2nt F..dUor SLale and feda-al omcia15 with control over waler in the Gunnison River met Thursd.ly in Montrose 10 fashion . plan fOl" minimum stream flows and seulcrnc:nt of Waitt rights questions lhat will stand scnuiny in the U.S. Congess if Rep. Ben Night- bone Campbell submits legislation to rum the Black Canyon into a national pm. 'The ~ting was called by attorney Dick Johnston. member of the Color- ado Water Conservation Board (CWCB) am chairman of a technical subcommittee on waler issues for Campbell's Black Canyon Advisory Committee. "If we can strike a deal on the GuJnism. it might set a pattern for the reserved rights in all of Colorado," Johnston said before lhe session. 1be panel split imo two groups to coolinue its work.. One learn will conduct additional studies on river flows lhal acccunt for impacts on Mflatwaler rea-eation," or boating on Blue Mesa, and winter diVeBions for hydro production planned by the Uncompahgre Valley Water Uscrs. Anolher team will draft language to - define who will adminL<<ter the flow. Both m: hoping to complete their lasks in 60 days. lbe expanded river flow probe will be done with funding frem the Bureau of Reclamation to provide informa- tion in CODCat wirb ftndings of a srudy underway in the Upper Gurmi- 500 Buin. The SlalC's position, cndascd by the CWCB, hu been relayed 10 u.s. senat~ and congres.<anen: minimum stream flows must be quantified as a public trust held joi.mly by the Color- ado and U.S. governments and adjudi~ caled through stale water courts.. Indeed, says Johnston. if the plan gains suppon from groups with inler- ests in nWnlaining minimum stream flows, it may bcaJme '"the Colorado solution" that can be copied nationwide.. The concept of "'feden.1 reserved waler rights" came from a court ruling in a Sierra Qub lawsuit against the Depanment of the Interior. The coort said Uncle Sam owns a reserved right 10 water in wilderness areas created by Congress. Wild and scenic designation for the Gwmison Gorge proposed originally in a bill prepared by Campbell's ~ Mike Strang would also require an allocalion of reserved rights. "But you'll gel a different inlcrpr-e- tatian of exactly what reserved rights are from every group you ask," said Jolmston. In the ca.v; of the Gunnison. reserved rights tnnsIale directly inlo minimum stream flows, a critical element missing from Strang's prop_ osal which never even got a vote in a House subcommittee. Those calling for minimwn stream flows include environentalists, fishery managers, future hydropower dcve~ lopers, rafters and recreationists, irri- gaton, and mpporters of prmcction for thre.a1ened species doWIlSU'eam. Slrang's Black Canyon waler experts' panel met on~hrch 17, 1986 and recommended dw the lawmaker postpone introdudion of his national park bill until local agreemenl on me minimum s[feam flow issue could be reached. Four days: later Strang submilled his bill. Campbell aide Dee 13cobson said Thursday, "We're basically'staning over," She said Campbell is ''pretty much leaving il up to the local enlities" to resolve the issues. Johnston said CWeR has taken the lead in the dilemma, rlXXmUncnding thai minimum stream flow rights: be limited to government entities only. the only quarrel about federal reserved righl'l is how much they are and bow they will be administered," he Wd. "But if you don'l get the water into the riva- you can never gellhe legisla- tion through." Johnston said that all the groops involved in negotiations agree that ..there is a public trusl rbal requires waler in the river to protect an envi~ ronmcnt...in this case a manmadc envirorunent. .. He wu referring 10 the fact that the Gumi500 is control.led by three daJm - Blue Mesa. Morrow Point and Cry'SL1J - in the Cuncarui stonge project. Top News DENVER (AP) - A wimer Slorm h.a.s cued its grip on Colorado. but its goodbye wave was a frigid blast of cold air that sent lemperatures plum- meting well below normal and set at least one rccord low loday, the Nation31 WC<lthcr Service said I .. . "\ I V' \: . , -II i ~...f' I ~ . ___ _eft .....--.. - .._>~ . - .. .- '--'"- ~._- . - ' TRIMMING TREES in March,"Sur,erior Service crews are at work at the corner of S, 2nd and Nevada Ave, The strong winds earlier this month broke .-dead limbs off many trees. (Daily Press Photo) -' ,