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. . Memo to Colorado Water Conservation Board Members From: Peter Evans and Gene Jencsok Date: October 17, 1995 SUBJECT: Agenda Item 2, October 20, 1995 Board Meeting Endangered Fish Recovery [SF Water Right - Colorado River (Mainstem) Page 7 projections of future development, and d) other information. After consulting with the CWCB, 17 people representing various Colorado interests associated with the Colorado River were organized into an ad hoc "Compact Development Projection Workgroup." This informal Workgroup was first convened on October 28, 1994 and met approximately ten times to review the relevant information and prepare the final draft report entitled Colorado River Compact Water Development Projection, and dated September 14,1995. Although the Workgroup recommendations have been presented to the CWCB at several recent workshops, we hope that representatives of the Workgroup will be able to attend the October 20 meeting in Grand Junction to formerly present the recommendations and answer any questions you may have. In essence, the Workgroup recommends that the CWCB protect future opportunities for development of 242,000 acre-feet of additional water supplies from the Colorado River (mainstem)_ The Workgroup members and staff from the Colorado River Water Conservation District invested a great deal of their time and expertise in the development of the "Workgroup Observations and Recommendations to the CWCB," which were: "A Colorado's compact apponionmenl is dependent on bolh the long lenn water supply and the assumptions made c:onceming the Law of the Colorado River. There arc varying assumptions relating to waIer supply and the Upper Basin states' obligation to meet onc-half of the Mexican Treaty commitment. which result in consumptive use apportionment values for Colorado ranging between 3.079 MAP and 3.855 MAF. As.. result, a range of development allowance opportunities for each afthe seven subbasins is recommended. "B. A conservative assumption should be made in which all future water development may occur under watc:r rights which will be junior in priority to the endangered fish recovery instream flow water rights. There are numerous decreed conditional water rights with the combined. capability to more than fully develop Colorado's remaining compacl apportionment. and we recognize that future development of Colorado's remaining compact apportionment will most likely reflect a combination of both new wa1c:r rights and the development of senior conditional water rights. In many cases, the water rights developed may be relying on the ability to reuse water which has previously been used. The recommended approach is intended to provide a safety factor sufficienl to allow water rights junior to the anticipated inslream flow watet rights to fully ulilize lhe remainder of Colorado's apportionment. "C. The development of senior condItional water rights should not be impaired by iiI junior CWCB inslIeam flow right, ahhough we assume that any changes of seDlor walet rights (e.g., changes in use, point of diversion, elc.) will confonn to the -no injury- standard with respect to the CWCB's insl.ream flow rights and all other waler rights. h is unde~tood that in confonning to the -no injury- standard some addilionallimitations may be placed on the ability to change water righls. "D. The hydrologic i[\rormation provided by the CWCB staff only includes waters which crigina\e in Colcrado Bnd thus water from the Little Snake in Wyoming (200.000+ AF) and certain flows tributary 10 the San Juan in New Mexico (approximately 180,000 AF) are nol included in lhe hydrology used to evaluate the various alternatives. There was not tota.! agreement on lhis approach, but it was agreed that lhis was a conservative approach which avoided the need to make assumptions about what might or might not occur in our neighboring states "E. We have nol recommended any specific distribulion to any p3I1icular subbasin; ncr have we specifically recognized any p3I1icular water rights. Rather. we have eSlablished a recommended range or developme[\l allowance for each subbasin as described in Table 4. The upper limit of these ranges allows up 10 3.855 MAF of tota.! consumplion rrom the Colorado River Basin by distributing up to one-half of the remaining compact apportioned walers needed to reach the 3.079 MAF level of development to each of the seven major subbasins but only lo the exlent that water is physIc all)' 3\'ailable for appropriation. The lower limit of our recommended ranges is based upon the lower estimale of Colorado's apportionment (i e.) 079 MAF), and distribules the state's approximately 450,000 acre: feet of remaining apportionment among the seven major subbasins based on lhe proportionate share which each subbasin contributes to the natural flow of the Colorado River originating within Colorado bUI. again, only to the extent that waler is physically available for appropriation. These ranges should provide the flexibility for full compacl developmcnlto occur as il nonnally would under stale water law and assure that future development opportunilies in Colorado are constrained by Colorado's compact apportionment rather Ihan the instream flow water rights. 'F. We have nol advocalc:d the construction of any p3I1icular water project, nor should our recommendations prevent the development of any water project: we have been as neutral as possible in this regard. "G. Given the numerous unccrtainties which exist. we do nO[ recommend the appropriation of all the wate~ available for appropriation within any basin for inslream now proteclion wilhoul carving out or otherwise protecting a developme[\t allowance adequale to assure the:: flexibility to COntinue developing Colorado's water supp!ies in a responsible manner. Given the relative size of Colorado's compact apponionment (3.019 to 3.&SS MAF) in comparison \0 the o'VcraU noW'$ ofthc CotOndo Ri'Ycr originating in Colorado (10.191 MAF), it seems thai there should still be adequJtc flows which the CWCB can protect under instream flow water rights to assist in the recovery of the