|
Under Colorado's klstream Flow statute, C.R.S. § 37-92-102(3), the Colorado Water
<br />Conservation Board (CWCB) may purchase instream flow rights:
<br />The Board also may acquire, by grant, purchase, donation, bequest, devise, lease, exchange, or
<br />other contractual agreement, from or with any person, including any governmental entity, such
<br />water, water rights, or interests in water in such amount as the Board determines is appropriate
<br />for stream flows or for natural surface water levels or volumes for natural lakes to~~•es~erve or
<br />in~pt°ove the j~atzrral envi~orzr~~ej~t to a t~easorzable de~ee (emphasis added).
<br />The Board may use any funds available to it ...for acquisition of water rights and their
<br />conversion to instream flow rights.
<br />See www.cwcb.state.co.us/isf/Rules/Adopted_Rules.pdffnr explanation of rules governing the
<br />acquisition of instream flow rights.
<br />To this end, the Conservancy hopes to partner with the Colorado Water Trust (CWT), a non-
<br />profit water conservation organization, and The Nature Conservancy (TNC) to acquire, through
<br />donation or purchase, or assist others in acquiring, senior water rights or interests in water rights
<br />along critical reaches such as on the Crystal and Roaring Fork rivers and Hunter Creek, using
<br />voluntary approaches from willing owners for conservation benefits.
<br />Unused Contract Water
<br />Ruedi was constructed by the United States Bureau of Reclamation (the Bureau) and made
<br />operational in May 1968. Ruedi's 102,373 acre-feet of storage provides replacement water for
<br />out-of-priority depletions from the Fryingpan-Arkansas Project to the Colorado River as well as
<br />replacement water for junior users in the Roaring Fork Watershed for West Slope agricultural,
<br />municipal, and industrial uses on a contractual basis.
<br />Of Ruedi's capacity, 28,000 acre-feet of Ruedi's capacity is reserved for downstream calls, the
<br />Bureau considers 63 acre-feet to be the "dead-pool," too deep in the reservoir to be used, and
<br />another 1,032 acre-feet to be "inactive storage." The agency reserves 21,778 acre-feet to
<br />"enhance recreation" and another 10,865 acre-feet for the U.S. FWS for its endangered fish
<br />program. As of January 2003, the Bureau had marketing contracts in place for 12,319 acre-feet.
<br />That leaves approximately 21,650 acre-feet of "uncommitted" water for sale.
<br />Dam Operations
<br />The Bureau generally maintains Ruedi winter releases between 60 and 70 cfs, depending on
<br />snowpack. However, in dry years, such as 2002, winter releases dropped to 43 cfs,
<br />approximately one-third of the mean flow for winter releases. Low flows are problematic
<br />because 1) shelf ice is more likely to form on the edges and creeps toward the center, creating a
<br />channel too narrow and fast-moving for trout; and 2) anchor ice is more likely to form on the
<br />bottom of the river, scouring the river bottom and wiping out invertebrates that trout depend on
<br />year-round for food. Flows could go as low as 39 cfs, Ruedi's inflow.
<br />The Bureau has indicated it would be willing to work with county governments, elected officials,
<br />and organizations in the Roaring Fork Valley to better manage Ruedi for the fishery and aquatic
<br />habitat in the lower Fryingpan River, as well as for angling access in the river. The Conservancy
<br />will continue to be a party to these discussions to help encourage management for these in-basin
<br />needs.
<br />Land Use Planiung and Practices
<br />Implementation of water conservation practices to increase water quantity throughout the
<br />watershed will require altering land use planning and practices, including agriculture practices
<br />and urban/residential use.
<br />50
<br />
|