9570 - Laserfiche WebLink

Home Browse Search

In 1967, the United States was joined in a general stream adjudication that included the Black y Canyon. The U.S. filed claims in 1971 for federal reserved water rights and in 1982, the Colorado Supreme Court confirmed a decision by the Water Court granting the U.S. an unquantified federal reserved water right for instream flows in the Gunnison River for the reservation purposes of the Black Canyon of the Gunnison National Monument. The Colorado Supreme Court stated that the State water court must complete four items, the first three of which have been completed: 1. Examine the documents reserving the land from public domain and the underlying legislation authorizing the reservation-The water court reported the Presidential Proclamation of March 2, 1933 intended to preserve "the spectacular gorges and additional features of scenic, scientific, and educational interest"; 2. Determine the precise federal purposes to be served by such legislation-The water court stated that the United States is granted conditional water rights for the maintenance of minimum stream flows in the Gunnison River necessary to fulfill the purposes of the... reservation; 3. Determine whether water is essential for the primary purpose of the reservation-The water court decided that some quantity of instream flow is essential to the Monument (Park); and 4. Determine the precise quantity of water-the minimal need required for such purpose. This process is ongoing and the final determination on quantification will be made after the United States submits its quantification claim to the court. The area of the watershed that flows into the Aspinall Unit is approximately 4,000 square miles. At the U.S. Geological Survey gage in the National Park, historical average annual flows have been 1,320 cubic feet per second (cfs) for the period of record since 1911; daily flow extremes ranged from a few days of no flow to 19,000 cfs peaks, both extremes occurring prior to the construction of the Aspinall Unit. The Aspinall Unit has moderated flows, with lower peak flows and higher base flows. At the present time, the Colorado Water Conservation Board holds a 300 cfs instream flow right through the Park and Reclamation's operation plans have been to maintain at least this flow level. In the Aspinall Unit's economic justification report, the Secretary of the Interior called for a 100 cfs minimum flow through the Park. This flow was later increased by Reclamation and the State of Colorado to address resource needs; first to 200 cfs, and then to 300 cfs to enhance and protect downstream fisheries and recreation. The NPS has conducted studies in the Black Canyon on vegetation, stream organisms, recreation access, and stream morphology to provide data for quantifying the reserved right. Reclamation's policy has been to support quantification of the reserved water right while continuing to meet Congressionally authorized purposes of the Aspinall Unit. The NPS desired flows call for a year round minimum flow of 300 cfs, a spring peak of 3,500 cfs to 12,000 + cfs with specific ramping rates, and inundation flows between 300 and 3,350 cfs. 2