McClowPresentation6506LegalIssuesAssociatedwiththeGunnisonBasin

• Basin Roundtable: Gunnison
• Title: Leagal Issues Associated with the Gunnison Basin
• Date: 6/5/2006
• Basin Roundtables - Doc Type: Presentations

LEGAL ISSUES ASSOCIATED WITH THE GUNNISON BASIN
Gunnison Basin Roundtable
June 5~ 2006
Page 5 of7

C. Applicationfor WClter Rights to Preserve the Natural Environment to a Reasonable
Degree {in the Black Canyon of the Gutlnison National Park].
Case No. 03CW265, Water Division 4

1. Consistent with the April 2 Agreement, on December 23, 2003 the CWCB
filed an application to appropriate instream flows for the B lack Canyon of the
Gunnison National Park. The application seeks the following:

Amount of water appropriated: Up to 14,500 cfs (May 1 through July 31).
Exercise of this instream flow water right shall not result in flows in excess
of 10,000 cfs at the Gunnison River below Gunnison Tunnel gage (USGS
Gage No.09128ooo), or in excess of 10,000 cfs at the Gunnison River at
Delta gage (USGS Gage No. 09144250), or in excess of 20,000 cfs at the
Gunnison River near Grand Junction gage (USGS Gage No. 98152500).
Exercise of the subject water right may result in flows up to 14,500 cfs at the
Delta gage following the implementation of floodplain improvements
beginning at the Gunnison Tunnel diversion and extending downstream.
Such floodplain improvements would alleviate any adverse effects, including
Uncompahgre River backwater effects, of high water on existing
improvements within the floodplain, caused by planned deviations from
Bureau of Reclamation's flood control operations. Such planned deviations
shall conform to the Water Control Manual for Blue Mesa Dam and
Reservoir, as may be revised from time to time. The CWCB shall not request
the delivery of water for this instream flow water right in a manner that
would result in flooding at the City of Delta.

Peak flows would be provided as follows:

To the extent that the water is not being used by the Aspinall Unit under its
authorized purposes under its existing decrees, the volume of water estimated
to be available to the CWCB instream flow water right would be determined
as follows: Forecasted May I-July 31 unregulated2 inflow to Blue Mesa
Reservoir as of May 1 PLUS the forecasted May I-July 31 unregulated side
inflows down to Crystal Dam as of May 1 MINUS the volume needed to fill
Taylor Park Reservoir'* as of May I MINUS the volume needed to fill Blue
Mesa Reservoir4* as of May 1, which is inclusive of the volume required to
meet Aspinall Unit contract deliveries between May 1 and July 31 MINUS
the volume needed to fill Silver Jack Reservoir* as of May 1 MINUS the
volume needed to fill other senior reservoirs5* as of May 1 that is not
incorporated into the unregulated inflow forecast as of May 1 MINUS the
volume required to meet the pending 1933 federal reserved water right of 300