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• Board Meeting Date: 11/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

INSTREAM FLOW COUNCIL 2008 CONFERENCE: In early October 2008, Linda Bassi and
Jeff Baessler of the Stream and Lake Protection Section attended the Instream Flow Council's "FLOW
2008 -Interdisciplinary Solutions to Instream Flow Problems" conference in San Antonio, Texas. Over
300 people attended the conference, including federal, state, and local governmental employees,
consultants, academics, staff of regulated entities such as utilities, and staff ofnon-profit organizations.
The conference focused on Instream flow related issues, obstacles, and possible solutions using a
mediated, consensus building framework. Presentations addressed current scientific issues related to
Instream flow quantification and case histories that illustrated common issues and successful resolution of
conflicts. Most of the time was spent in small group discussions of targeted issues, exploring obstacles
and possible resolution. Group input was recorded and collected, synthesized by a facilitation team, and
provided back to groups for further consideration in subsequent sessions. In addition to updates on
scientific advances and negotiation techniques, the conference was a great opportunity to learn about
other states' Instream flow programs' challenges and successes, and to connect with individuals working
on issues similar to those we face in Colorado. (Linda Bassi)
NAVAJO-GALLUP WATER SUPPLY PROJECT & NAVAJO SETTLEMENT
UPDATE: The Omnibus Public Land Management Act, which contains the Navajo Indian Water Rights
settlement bill and authorizes the Navajo-Gallup Pipeline we believe, will be scheduled for floor debate in
the Senate during the week of November 17th. There is now a modified version of the omnibus package
in which 50+ bills were added to those already contained in S. 3213. We have been working with the
Colorado Attorney General's Office, the State of New Mexico and our respective Congressional
Delegations on the development of a colloquy for the Senator's to have the 7-Colorado River Basin States
letter concerning the Navajo Settlement and the Navajo-Gallup Water Supply Project put into the
legislative record. Our delegations believe there is still a chance to get the Omnibus Public Land
Management Act passed through the Senate before the next Congress convenes. (Randy Seaholm)
M0IVTANA v. WYDMINGIYELLOW ST ONE RIVER: On October 20, the U.S. Supreme Court
appointed attorney Barton H. Thompson to be the special master in Montana v. Wyoming-a water rights
dispute regarding the Yellowstone River Compact of 1950. The Compact outlines how Montana, North
Dakota, and Wyoming will divide water from the Tongue and Powder Rivers. In a complaint filed in
early 2007, Montana claims Wyoming has prevented it from receiving its share of water for a number of
reasons, including allowing the "construction and use of groundwater wells for irrigation" and the
"pumping of groundwater associated with coalbed methane production." The complaint also named
North Dakota as a party to the dispute because it is a signatory state to the Compact. Wyoming contends
that the Compact only applies to surface water and does not cover groundwater. (See WSW# 1707)
Wyoming had asked the Court to dismiss Montana's complaint. As special master, Mr. Thompson will
have broad powers and will be responsible for conducting the fact finding portion of the case by
summoning witnesses and issuing subpoenas. The Court's order also gives Mr. Thompson the
"...authority to fix the time and conditions for the filing of additional pleadings ... and to take such
evidence as maybe introduced...." Mr. Barton will also provide the Court with anon-binding
recommendation regarding the outcome of the case, which the states will debate in oral argument. Both
parties shall share Mr. Thompson's expenses.
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