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<br />. <br /> <br /> <br />KEN SALAZAR <br />Attorney General <br /> <br />C1I1USTINE M. ARGUELLO <br />Chief Deputy Attorney General <br /> <br />ALAN J. GILBERT <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BtllLI}ING <br />1525 Sherman Street - 5th Floor <br />Denver. Colorado 80203 <br />Phone (303) 866-4500 <br />FAX (303)866-5691 <br /> <br />OFFICE OF HIE A TfORNEY GENERAL <br /> <br />January 22, 2001 <br /> <br />MEMORANDUM <br /> <br />TO: Colorado Water Conservation Board <br /> <br />FROM: Ken Salazar <br />Attorney General <br /> <br />Felicity Hannay <br />Deputy Attorney General <br /> <br />. <br /> <br />RE: <br /> <br />Jennifer L. Gimbel <br />Assistant Attorney General <br /> <br />Report of the Attorney General I <br /> <br />l. Quantification of reserved water rights for Black Canyon of the Gunnison National <br />Park. <br /> <br />Issue: What quantity of water the United States is entitled to under the <br />"conditional" reserved water right decreed to Black Canyon of the Gunnison National <br />Monument in the original United States v. Denver case in 1978. <br /> <br />Decision: On January 17,2001, the United States filed a quantification with the water <br />court that claims a year-round 300 c.f.s. base flow, plus higher base flows and peak flows <br />determined under a complex formula. Peak flows claimed could be as high as 11,000 c.f.s. <br />in wet years. The cover letter recites that the United States intends to seek a negotiated <br />settlement and will ask the water court to stay proceedings after the period for tiling <br />statements of opposition has ended. <br /> <br />Discussion: The Park Service and Bureau of Reclamation have been discussing <br />quantification of the Black Canyon reserved right for several years. There were some <br /> <br />. <br /> <br />I New material and updates to previously reported matters appear in bold type. <br />