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<br />As discussed elsewhere in this packet, the <br />National Park Service holds a 1933 Federal <br />reserved water right for the Monument. In <br />1982, the Colorado Water Court upheld the <br />validity of this right, and ordered the United <br />States, through the National Park Service, to <br />quantify and perfect the right. <br /> <br />The Colorado Water Conservation Board <br />(CWCB) holds many "instream flow" rights in <br />the Gunnison Basin; these are rights <br />established to maintain water within certain <br />reaches of streams, Recently, the CWCB <br />accepted a donation from the Nature <br />Conservancy of a conditional water right for <br />conversion to a 300 cfs in stream flow. This <br />right is for the reach between the streamflow <br />gage below the Gunnison Tunnel and the <br />confluence with the North Fork of the <br />Gunnison. <br /> <br />In addition to water rights for direct <br />diversions, storage rights can be established. <br />These are rights to store available water in a <br />reservoir; they allow for release and use of <br />such water--past senior rights--when needed. <br />The largest single perfected storage decree on <br />the Gunnison River is the 952,000 acre-foot <br />decree for Blue Mesa Reservoir. Other water <br />storage facilities in addition to those of the <br />Aspinall Unit include numerous smaller <br />reservoirs and several larger Reclamation <br />project reservoirs on Gunnison River <br />tributaries-- Taylor Park Reservoir on the <br />Taylor River, Silver Jack Reservoir on <br />Cimarron Creek, Crawford Reservoir on the <br />Smith Fork, Paonia Reservoir on the North <br />Fork, and Ridgway Reservoir on the <br />Uncompahgre River. <br /> <br />Senior water right holders can place a <br />"call" on the river--a request to the State <br />Engineer to force water users with junior <br />decrees to cease or diminish their diversions <br />and pass the called amount of water to the <br />downstream senior water right. The State <br />Engin~r is the person charged by State law <br /> <br />with the supervISIon and administration of <br />water and the enforcement of decreed priority <br />and legislative enactments. The responsibility <br />for overseeing water rights on the Gunnison <br />River is delegated to the Division Engineer in <br />Montrose, Colorado (Division 4). Operation <br />of the Aspinall Unit has indirectly reduced the <br />frequency of calls on the river. Since its <br />construction, releases have exceeded historical <br />flows in normally low flow months of <br />summer, fall, and winter, Thus senior water <br />right holders have had more dependable <br />supplies and junior water rights have increased <br />in value. <br /> <br />In 1991, Colorado Water Court decisions <br />on water rights applications (Arapahoe County <br />for the Union Park Project) clarified water <br />rights and water availability questions in the <br />Gunnison Basin, These decisions, along with <br />Reclamation's intent to deliver Aspinall Unit <br />storage water to the Monument and to <br />endangered fish habitat, is expectea to result <br />in stricter administration of water rights in the <br />entire Gunnison Basin. <br /> <br />Developmental Effects on Gunnison River <br />Flows <br /> <br />Since completion of the Gunnisoll TUllJl",1 <br />in 1911, flows of the Gunnison River below <br />the tunnel have been reduced due to diversions <br />for purposes of the Uncompahgre Project. <br />Construction and operation of storage features <br />of the Uncompahgre Project (Taylor Park <br />Reservoir in 1937) and of the Aspinall Unit <br />have further modified these flows, The <br />impact of these developments is best reflected <br />by flow data measured since 1977, following <br />completion of Crystal Dam as a regulating <br />reservoir of the Aspinall Unit. This period <br />includes a representative range of dry, normal <br />and wet water years. The following graph <br />and table show how the monthly distribution <br />of flows has been affected by Taylor Park <br />Reservoir and Aspinall Unit storage and <br />operation. <br /> <br />5 <br />