McClowPresentation6506LegalIssuesAssociatedwiththeGunnisonBasin

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LEGAL ISSUES ASSOCIATED WITH THE GUNNISON BASlN Gunnison Basin Roundtable June 5, 2006 Page 4 of7 The Court also affirmed the Water Court's requirement that quantification of federal reserved water rights for the National Monuments be concluded within six months of the final decree. 5. In January, 2001, the United Stated filed its application to quantify the water right for the Black Canyon, now a National Park, claiming base flows and peak flows that vary according to hydrologic conditions with a priority date of March 2,1933, the date of the original reservation of the Black Canyon of th~ Gunnison National Monument by President Hoover. 6. Several Hundred Statements of Opposition were filed. The United States entered into Stipulations for Dismissal with a large number of individual water rights holders who had filed statements of opposition. A number of other settlement options were being discussed. On April 2, 2003, the State of Colorado and the United States entered into an agreement that provided that the (1) United States' would hold a water right for "300 cfs, or the natural flow, whichever is less" with a 1933 priority date; and (2) that the Colorado Water Conservation Board (CWCB) would obtain an instream flow water right to provide peak flows with a 2003 priority date. The CWCB has filed an application for the instream flow right. 7. The United States amended its application to reflect the April 2 Agreement. Several environmental opposers filed an action in the United States District Court for the District of Colorado asserting that the April 2 Agreement violates federal law and requested a stay of proceedings in the Water Court pending the outcome of the federal case. The Water Court granted the stay. Other opposers unsuccessfully appealed the stay to the Colorado Supreme Court, and it is currently in effect. The U.S. District Court will hold a hearing on dispositive issues on June 29, 2006.