WSPC12452

• File Number: 8210.761.09
• Description: Colorado River Basin Organizations-Entities - US NPS - Black Canyon of the Gunnison
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/16/2001
• Author: Various
• Title: Black Canyon of the Gunnison - Congressional Tour - Background Materials-Briefing Notebook-Correspondence - 08-16-01 through 11-08-01
• Water Supply Pro - Doc Type: Report/Study

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OFFICE OF THE EXECUTIVE DIRECTOR

STATE OF COLORl\DO
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Department of Natural Resources
1313 Sherman Street, Room 718
Denver, Colorado 80203
Phone: [phone]
TOD: [phone]
Fax: [phone]

DEPARTMENT OF
NATURAL
RESOURCES

August 14, 2001

Bill Owens
Governor

Greg E. Walcher
Executive Director

Dear Tour Participants:

The State of Colorado welcomes you to this tour of the Black Canyon of the Gunnison
and the series of Colorado River Storage Project Act reservoirs that make up the "Aspinall Unit."
The purpose of this tour is to educate and inform Congressional staff, legislators, local and State
officials and other interested persons on the complex issues surrounding the Gunnison River
Basin. In particular, we will discuss the quantification of the reserved water rights for the Black
Canyon ofthe Gunnison National Monument (now a National Park); irrigation, power
production and flow recommendations for Colorado River endangered species.

As you may know, three State agencies - the Colorado Water Conservation Board,
Division of Water Resources, and Division of Wildlife - have filed Statements of Opposition to
the federal government's claim for water rights. The National Park Service filed their claim for
quantification on the final day of the Clinton Administration--after formal requests to work with
the State were ignored. While the National Park Service held some initial public meetings, its
promise of more public involvement never materialized. As a result, their claim could wreak
havoc on gold medal trout water, power production, recreation, irrigation and even cause
flooding in the towns of Delta and Grand Junction. Their claims have generated significant
controversy and strenuous opposition. Some 383 Statements of Opposition were filed in water
court--more than perhaps any other filing in Colorado history.

The Colorado Water Conservation Board's research indicates that before the three dams
that make up the Aspinall Unit were constructed, flows on the Gunnison would drop to as little
as 30 cubic feet per second (cfs). When the Aspinall Unit was being authorized, the economic
justification report identified a 100 cfs minimum flow that the National Park Service supported
on the record. Since the project was completed, the Bureau of Reclamation (BaR) has
guaranteed 300 cfs as a minimum flow. The State of Colorado then created an in-stream flow
right in that amount. To date, the project has dropped flows to the 300 cfs level only once in its
history, to look for someone who had drowned. With this one exception, flows have typically
remained at a minimum of 500-600 cfs. It is difficult to imagine why the National Park Service
would wait nearly two decades after its decree granting a reserved right to attempt to quantify
that right ifthere were damage or injury occurring to the Monument. Had any Colorado water
right holder acted similarly, their water rights would have been abandoned under State law.

We have a unique opportunity with this combination of facilities, a series of reservoirs
that can be operated in conjunction with each other to re-regulate the river. This innovative

Board of Land Commissioners. Division of Minerals & Geology/Geological Survey
Oil & Gas Conservation Commission. Colorado State Parks. State Forest Service
Water Conservation Board. Division of Water Resources. Division of Wildlife