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• Board Meeting Date: 7/11/2007
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Flood of Conflicting Opinions Shared at Annual Water Workshop: A
spectrum of viewpoints on the Colorado River were shared at the 32nd Colorado Water
Workshop at Western State College. For three days, 25 speakers discussed future
challenges faced in the basin.

Black Canyon of the Gunnison National Park Federal Reserved Water
Right: The Park was granted a federal reserved water right in the 1968 USA v Denver
Supreme Court Case, however, the amount of that water right was never quantified in
the case. In January 2001 the Federal Government (NPS) filed an application to quantify
that reserved water right. That application sought variable base flows of 300 cfs or
more and sought a one day peak of up to 14,500 cfs with defined daily ramping rates of
500 cfs up and 400 cfs down. Over 380 statements of opposition were filed in this case.
On April 2, 2003, the U.S. Department of Interior, National Park Service, and the State of
Colorado entered into an agreement that would quantify the NPS 1933 Federal
Reserved Water Right as a year round baseflow of 300 cfs and furthermore provided
that the State of Colorado file for an ISF water right seeking to protect all flows over and
above those needed to satisfy the Aspinall Unit water rights, but not in amounts greater
than 14,500 cfs for flood control reasons. In short, future consumptive use of water
from the Gunnison would be dependent on Aspinall Unit water service contracts.
However, shortly after the April 2, 2003 Agreement was reached, Environmental
interests filed suit against the Federal Government claiming it was disposing of federal
property without due process and a Federal Court Judge recently agreed and set aside
the April 2 Agreement.

In related actions, immediately following completion of the April 2, 2003 agreement, the
NPS, in consultation with the State and other major water users, developed a uniform
stipulation allowing objectors to withdraw from the case which withdrawals would
ultimately lead to a quantification decree. However, when the April 2, 2003 agreement
was set aside the terms of those stipulations when coupled with the original
quantification of the federal reserved water right would leave the NPS with a senior
and very large reserved water right, which under state water law had the potential to
defeat any future development of Aspinall Unit water and also created a number of
selective subordination issues. The State Engineer and CWCB staff then felt compelled
to object to the terms of those stipulations, to which approximately 100 of the objectors
had already agreed.

The state and water users have now reached some accords that have calmed tensions to
some degree and revised stipulations have been developed to resolve some concerns
raised by the State in its objection to Stipulations for Withdrawal previously filed by the

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