Colorado - Grand County Stream Flow Mgmt Plan Phase III_Application II (3)

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Water Supply Reserve Account - Grant Application Form Form Revised May 2007 2. Describe how the water activity meets these Threshold Criteria. 1. The water activity meets the eligibility requirements outlined in Part 2 of the Criteria and Guidelines. Criteria number 1) Grand County will seek initial approval for from the Colorado Basin Roundtable. Criteria number 2) A portion of the Stream Management Plan (SMP) meets eligibility as identified in Senate Bill 06-179 in that the SMP may identify habitats in or adjacent to the potential restoration sites that may be subject to regulation under Section 404 of the Clean Water Act if flow regime is altered due to the two Firming Projects, and/or if restoration is to occur. There are two concerns: the first being if restoration projects are implemented, what habitat exists today and can it be improved, and what are the potential permitting issues with restoration. More importantly, the SMP meets the eligibility requirements as identified in SB 06-179 in that it is an analysis of non-consumptive water needs in Grand County, building upon information and analysis developed in the Upper Colorado Study ("UPCO") performed by NWCCOG, Grand County, Denver Water, Northern Colorado Water Conservancy District, Middle Park Water Conservancy District, Colorado River Water Conservation District, and Summit County. Furthermore, Grand County is a public entity, making it one of the category of eligible entities that may apply for grants from the account. Criteria number 3) Phase ill of the SMP is the phase where the scientifically defensible methodology created in Phases I and IT will be used to suggest scientifically valid approaches to determine flow solutions to address instream flow and other aquatic habitat issues and implementations of said solutions. These phases could be the non-consumptive template for other stretches of the Colorado River as required for compliance with HB05-1177. 2. The water activity is consistent with Section 37-75-102 Colorado Revised Statutes. The requirements/language from the. statute-is provided in Part . 30fthe Criteria and Guidelines, Section 37-75-102 section restates the policy of the state that the current system of water rights allocation will be maintained, that water rights are a usufructuary property right, and that water rights should be used in accordance with the law. In addition, this section affirms that contract and takings protections apply to water rights, that 4