SWSI_Demand_Methodology_11-26-03

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CONI Methodologies for Estimating and Projecting Urban (Municipal & Industrial) and Agricultural Demands and Environmental and Recreational Flow Requirements November 2003 For the purposes of SWSI any additional environmental and recreational flows greater than decreed instream flows or recreational in-channel diversions and other agreements for flows may be evaluated as part of specific future water supply alternatives and evaluated under the same process and objectives as other future water supply alternatives to see how they perform in meeting the established objectives. Furthermore, it is anticipated that any potential impacts on environmental and recreational flows will likely have to be quantified and addressed under the requirements of the National Environmental Policy Act (NEPA) and regulatory permitting processes on a project-by-project basis. Environmental and recreational flow needs will be considered during the SWSI process when evaluating new water diversions or storage projects upstream or within the affected stream reaches. In addition to the Colorado Instream Flow and the RICD Programs there are a number of other activities that result in water being left in-channel for environmental and recreational benefits. These include: interstate compact limitations or obligations; claimed reserved water rights by the federal government for National Forests and National Parks; certain mitigation measures required as permit conditions for reservoirs or water diversion structures; and other mitigation measures that result from addressing concerns of threatened and endangered species under the Endangered Species Act. Interstate Compacts and Equitable Apportionment Decrees: Interstate compacts or equitable apportionment decrees exist for every major river basin in Colorado, and on several minor streams as well. These compacts and decrees divide the water in those basins and streams between Colorado and the downstream states. Thus, Colorado does not have the legal right to totally deplete the waters of any major river basin in the state beyond that provided by these compacts or decrees. Therefore, these agreements provide a certain measure of environmental and recreational protection. Federal Reserved Water Rights of the U.S. Forest Service: A brief summary of Federal Reserved Water Rights is noted below: . Water Division 1 - South Platte Basin: All instream flow claims were settled in litigation. . Water Division 2 - Arkansas Basin: All instream flow claims were withdrawn with prejudice. . Water Division 3 - Rio Grande Basin: All instream flow claims have been adjudicated and incorporated in to the water right priority system. . Water Divisions 4,5 and 6 - Gunnison, Colorado Mainstem, White and Yampa: No reserved water right claims were pursued by the USFS and the time to make such claims has expired. A cooperative effort to examine flow issues is currently underway with the CWCB. 13 S:\TASK 8 & 9 SUPPLY AND DEMAND\SWSI DEMAND METHODOLOGY 11-26-03.DOC