13all

• Board Meeting Date: 7/22/2008
• Description: ISF Section - Lower San Miguel Water Resources Planning Study
• Board Meetings - Doc Type: Memo

Lower San Miguel yVa~er Resource Planning Study
Page 2
River. In the evaluation of the recommendations contained in this report regarding the Uravan
Water Rights, the CWCB may also want to consider the possibility of a new junior instream flow
appropriation with the necessary protections to minimize water rights impacts in the basin. Such
protections which could be considered are the use of conditional depletive flow water rights, or
for a local government entity, local water district, or the SWCD to file for water rights senior to a
new instream flow appropriation to meet the future needs of the community.
The SWCD believes that these preliminary recommendations represent the best way for the
CWCB to utilize the Uravan Water Rights to meet the needs of the local communities with
minimal impact to water administration in the basin.
II. Introduction
The Colorado Water Conservation Board (CWCB/Board) allocated a portion of its
Severance Tax monies to fund an historical use analysis of the Uravan Water Rights in 2003.
The Uravan Water Rights included water rights the CWCB had acquired or will acquire as a
result of litigation between the State of Colorado and Union Carbide Corporation regarding its
mill site at Uravan, Colorado. The release of this study in June of 2005, by Leonard Rice
Engineers, Inc. was entitled "Uravan Water Rights, Historical Use Analysis". This report is also
commonly known as the "Armbruster Report" for its author Ed Armbruster and will be referred
to herein as the Armbruster Report. The report looked briefly at a number of alternatives for
using the Uravan Water Rights after remediation activities were completed and made a number
of recommendations for future actions by the CWCB relative to the Uravan Water Rights. These
recommendations included: 1) quantifying the instream flow needs of the lower San Miguel
River, 2) engaging in discussions with local governments regarding present and future water
needs, 3) engaging in discussions with ditch and canal companies within the critical reaches of
the river, 4) further developing the findings of this (Armbruster) report, and 5) considering filing
application with Division 4 Water Court for instream flow water rights.
In following up on these recommendations the Stream and Lake Protection Section of the CWCB
and the Southwestern Water Conservation District (SWCD) sponsored the "Lower San Miguel
River Water Resources Study". This study is funded by the CWCB's Severance Tax Trust Fund
Account and SWCD's Project Support Funds. The major objectives of the study are: 1) to
determine how the CWCB can best utilize the Uravan Water Rights conveyed to, or to be
conveyed to the Board to meet instream flow needs and the needs of the local communities and
water users, with minimal impact to the basin, 2) to determine what the local water needs of the
local communities are, and 3) to evaluate potential water supplies for the Uravan Ball Fields,
Mining Interpretive Center and Camping Area.
This study also fulfills in part the CWCB obligation in its agreement with Montrose County and
the towns of Nucla and Naturita (local governments) to "fully and completely" consult with them
on the use, disposition, or abandonment of at least a portion of the Uravan Water Rights. A
number of federal, state and local government entities, including the two counties who make up
the basin have participated in this effort. Also, many special interest groups, water users and
providers, and citizens at large have provided input to this study.
~Iuly 2008