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<br />., , <br /> <br />uOJ4U3 <br /> <br />SUGGESTED PROCESS FOR QUANTIFING THE NPS RESERVED RIGHT <br /> <br />1. Given that the NPS Reserved Right for the Gunnison is already decreed, <br />we need to work to work with NPS to quantify the reserved right in a <br />manner that can be administered. <br />2. Suggest that the water right decree be quantified in two parts: <br />a. A baseflow component with drought reduction language (i.e. <br />paragraph 2.b under Crystal Dam and Reservoir above); and <br />b. A second component that describes a process involving USBR, <br />NPS, W AP A, USFWS and CWCB for determining environmental <br />flows that satisfy NPS purposes and can be administered by the <br />Division 4 Water Engineer by May 1 st of each year. <br />Environmental flows would be based on the runoff forecasts for <br />Blue Mesa inflow provided by the NWS-River Forecast Center and <br />may be adjusted by USBR in consultation with W AP A, NPS, <br />USFWS and CWCB through July 31 in accord with the operating <br />criteria. <br />i. Environmental flows will be provided when Blue Mesa <br />Reservoir is predicted to fill and spill by July 31 <br />11. The decree may contain language that would indicate the <br />environmental flows possible under various runoff <br />forecasts. However, the amount, shape, duration and <br />frequency shall be determined by forecasted inflows in <br />accord with operating criteria to be established. For <br />example, if Blue Mesa Reservoir is projected to fill and <br />spill between 0 and 130,000 AF, then Crystal would release <br />4,000 cfs for up to 7-days. If the spill was between <br />130,000 and 315,000 AF then 5,000 cfs would be released <br />from Morrow Point for up to 7 -days with that flow passing <br />through Crystal. If the spill is greater than 315,000 AF <br />then the Aspinall Unit goes into Flood Control operations <br />and NPS gets the resulting peak. <br />111. The decree would contain all the other required information <br />such as appropriation date, reach, etc. <br />3. The objectors would also agree to a stipulation with NPS that would <br />describe the process for developing and formally adopting operating <br />criteria for the Aspinall Unit. The goal is to have the operating criteria <br />reside in the form of an MOA between the federal agencies and the state <br />that is mandated by the decree but outside the decree such that they can be <br />adjusted administratively as conditions on the river change. The <br />stipulation could also contain other things such as a court imposed time <br />line for adopting operating criteria, requirements that the water right be <br />conveyed to the CWCB with the understanding that such conveyance <br />would include an enforcement agreement with appropriate federal <br />agenCIes. <br />