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Court Documents Concerning Black Canyon National Park Water Right
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Court Documents Concerning Black Canyon National Park Water Right
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Last modified
6/8/2010 9:03:09 AM
Creation date
5/21/2010 10:45:01 AM
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Water Supply Protection
Description
Gunnison River
State
CO
Basin
Gunnison
Water Division
4
Date
4/2/2003
Author
David Gehlert, Thomas L. Sansonetti, Helena Englehart
Title
Court Documents Concerning Black Canyon National Park Water Right
Water Supply Pro - Doc Type
Court Documents
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B. Location: The Gunnison River on lands reserved by Presidential Proclamation on March 2, <br />1933. (See Attachment A to the United States' initial application for legal description). <br />C. Source: Gunnison River <br />D. Priority Date: March 2, 1933 <br />E. Amount: unquantified, conditional <br />F. Use: As decreed in the Partial Master - Referee Report Covering All of the Claims of the <br />United States of America (pages 647 -648) adopted by the Court in the order issued entered <br />March 6,.19.78 (pages 3 -14) and the.interlocutory decree of October 2, 1978, the uses include <br />to "Insure the continued nutrition, growth, conservation, and reproduction of those species of fish <br />which inhabited such waters on the applicable reservation dates, or those - species of fish which are <br />thereafter introduced" and to "Attain and preserve the recreational, scenic, and aesthetic <br />conditions existing on the applicable reservation dates or to preserve those conditions which are <br />thereafter caused to exist." <br />4. Explanation of quantification: The year -round base flow of 300 cubic feet per second (cfs) <br />ensures survival of fish and other aquatic life, precludes vegetation establishment in the active channel, . <br />and provides and enhances the aesthetic character of the river and canyon. A flow of 300 cfs provides <br />favorable habitat conditions for virtually every life stage of rainbow and brown trout. The United States <br />is also seeking to obtain additional water for the Park under Colorado law. <br />5. Water applied to beneficial use: <br />A. Date: Not applicable to .a federal reserved right because federal reserved rights are "present <br />perfected rights." Arizona v. California 373 U.S. 546, 600 (1963). Reasonable diligence is not . <br />applicable to federal reserved rights. United States v. Denver 656 P.2d 1, 34 (Colo. 1983). The <br />reservation date of March 2, 1933 for the lands on which the Gunnison River is found is the date <br />water was applied to beneficial use: . <br />B. Amount: 300 cfs or natural inflow, whichever is less. <br />C. Use: The claimed flow has been used to "Insure the continued nutrition, growth, " <br />conservation, and reproduction of those species of fish which inhabited such waters on the <br />applicable reservation dates, or those species of fish which are thereafter introduced" and to <br />"Attain and preserve the recreational, scenic, and aesthetic conditions existing on the applicable <br />reservation dates or to preserve those conditions which are thereafter caused to exist." <br />D. Description of Place of Use: The Gunnison River on lands reserved by Presidential <br />Proclamation on March 2, 1933. (See Attachment A to the United States' initial application for <br />legal description). <br />Page 2 <br />UNITED STATES' FIRST AMENDED QUANTIFICATION <br />
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