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• Board Meeting Date: 11/18/2008
• Description: WSP Section - Colorado River Water Banking Concept
• Board Meetings - Doc Type: Memo

8
7t~° ~,
~. ~f . eo~pact c~rtail~ent ~~ere to occur, it is ~~ost lil~elr to be ~ significant and
e~en protracted curtail ~ent® ~rnaller eurtail~ents are amore li~el~~ to be ~~ored
aut thauh ncgatiatio~s yang p ie~ ~~hi ~~~ that ~
~o ~ ent ~ould p~r~~ i~ ~inr ~: ~~~~~ ~~~ ~ atr it 3~i
~u.il ~ pt ~?~ bar ~ ~ ~~~~~ ~~~
wpithin ~olo~°ado, seni~~r pre~l~ rights Loud Mill ha~e the right to administer
call against more junior pre-~' rights. 1"or example, ~ ~~ right ~;ould still
curtail a l ~~ right.
~. Within ~olarada, water eared b past- ~~ storage rights in the nine water ~~eas
preceding the water year in which curtailment is required lilel~ ~~ould be
eeluded from curtailment.
~. The Mate l~ngineer gill ultimately issue rules and regulatians on the
administration of water rights within the Mate of Colorado and the Colorado
liner basin., pursuant to statutory authority, the olorada l~.i~er compacts, aid the
associated law of the l~i~er. The Colorado general ~.ssembly nay also be
in~ol~ed.
~. ~ compact curtailment is not lil~ely to be a sudden or unexpected e~~ent. t will
lil~ely be preceded by ~. protracted dry period that will draw down both the federal
and non-federal reservoirs. It i probable cif not certain that any curtailment will
be preceded by contentious interstate litigation.
~. .present perfected rights are those rights that are "pre~l~~~ perfected rights.`'
~~ ~~
~~.