WSP12606 (2) - Laserfiche WebLink

Home Browse Search

. . - 3 - I storage capacity is full ahd its flood pool is spilling, Colorado may commence upstream storage. The extent of this storage and Kansas' entitlement to insist on maintenance of certain spill conditions are unresolved by the Compact and are currently a source of contention between Colorado and Kansas, and an area for future negoti~tion. Kansas also takes the position that it is entitled to a share of any benefits that Colorado receives fiiom additional storage activities. Therefore, new (post compact) Colorado storage accounts at ~ have been forced to pay a portion of the water stored to Kansas. i I For the reasons stated herein, Colorado's entitlement to water pursuant to the Arkansas River Compact cannot be deemed fully developed merely because the Arkansas River is over-appropriated. Nor is Colorado's abili~ to achieve maximum utilization of water that is called downstream, but not consumed" protected by the existence of JMR since Kansas is entitled to 40% of such water arriving at JMR during the storage season and/or has claimed a right to share in the benefits of new post compact storage activities at JMR!. Further, on the somewhat rare instances when JMR is spilling, upstream storage at Turquoise or Clear Creek may come into priority, and the priorities for expansions at those reservoirs have yet to be decreed. While Pueblo Reservoir is also located upstream of JMR, and may provide additional storage space, Turquoise, Twin Lakes, and Clear Creek Reservoirs would provide additional storage with l~ss evaporation than Pueblo Reservoir. i I The fact that the Arkansas River is over-appropriated does not moot the issue of whether the Chaffee County propose~ RICD would impair Colorado's ability to fully utilize its compact entitlements. This concl*sion is best illustrated by the fact that Kansas has spent at least the last 10 years trying to devise strMegies to force water downstream because even the mere return flows from the Colorado Vvater users be~ome part of the water supply to which it is entitled. The ability of Colorado to make new or improved u~es of the Arkansas River in conformity with the Compact requires careful, case-by-case analysis oqhe impacts of such development on depletions to useable Stateline Hows. Precisely because the rivyr is over-appropriated under most How conditions, Colorado water users must retain the flexibility to move water in innovative ways consistent with the Compact; an RICD downstrearn of most oftqe principal storage vessels that Colorado water users rely on, limits rather than enhances flexibility. On the Arkansas River, there are rarely free river conditions. An examination ofthe available record demonstrates that during a thirty-year period, there were 82 days where free river conditions I existed, and where the RICD was not satisfied at the Salida gage. In addition, the Applicarlt's expert provided that there were 124 days during a 38-year period when there were free river conditions and I when the RICD water rigJ;1ts were not satisfied. Gary Thompson report, page 4. In addition, the Applicant's expert admitted that senior water rights are making almost full use of the Arkansas River entitlement. Gary Thompson report, page 3. Thus, there would be additional opportunities for Colorado to make full us~ ofthe Arkansas River entitlement but for the existence ofthis proposed RICD water right. i I Moreover, the GtqlIlison decision provided that the Board should make findings on "whether beneficial consumptive w~ter use opportunities upstream from the claimed RICD would :filrther develop Colorado's compact entitlements and would be impaired by Applicant's sought for stream flow I amounts." (Emphasis added). Thus, if exchanges are likely through this reach, Colorado's compact . I entitlements could be impaired by the RICD water right. This is a pertinent inquiry pursuant to RIcn . Rule 7.a.v. If there are sifuations where the RICD would prevent new junior exchanges from locations downstream ofthe RICD teach to locations upstream of the RICn reach, whereby water use:rs would be impaired from water use opportunities upstream of the RICD, then this Board should find that Flood Pl1otection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning