Agenda Item 23: Request for Approval of Enforcement Agreement, Case No. 4W437

• Description: Gunnison River
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 7/18/2003
• Author: DanMerriman, Randy Seaholm, Ted Kowalski
• Title: Agenda Item 23: Request for Approval of Enforcement Agreement, Case No. 4W437
• Water Supply Pro - Doc Type: Board Memo

MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE AND
BUREAU OF RECLAMATION
AND THE COLORADO WATER CONSERVATION BOARD
CONCERNING THE ENFORCEMENT AND PROTECTION
OF WATER AND WATER RIGHTS
THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this day of July 31,
2003 pursuant to Articles 60 and 92, Title 37 of the Colorado Revised Statutes (2002); the
National Park Service Organic and General Authorities Act, 16 U.S.C. § 1 et. Seq. (1916);
Black Canyon of the Gunnison National Park Act, 16 U.S.C. § 410fff et. Seq. (1999); Act of
June 17, 1902, 32 Stat. 388 and all Acts amendatory thereof and supplementary thereto;
between the United States Department of the Interior, National Park Service and Bureau of
Reclamation, and the Colorado Water Conservation Board, an agency of the State of Colorado.
Hereinafter, the parties shall be referred to respectively as the "National Park Service," the
"Bureau of Reclamation," and the "Board."
FACTUAL RECITALS
A. The National Park Service is the federal agency responsible for protecting the
natural resources, including the water resources, of the Black Canyon of the Gunnison National
Park (hereinafter referred to as the "Black Canyon "). The National Park Service Organic and
General Authorities Act, 16 U.S.C. § 1 et. Seq. (1916); Black Canyon of the Gunnison
National Park Act, 16 U.S.C. § 410fff et. Seq. (1999).
B. The Bureau of Reclamation is the federal agency responsible for operating the
Wayne N. Aspinall Unit of the Colorado River Storage Project (hereinafter referred to as
"Aspinall ") in accordance with the Colorado River Storage Project Act. Colorado River
Storage Project Act, 43 U.S.C. § 620 et. Seq. (1956).
C. The Board is a state agency created for the purpose of aiding in the protection
and development of the waters of the state for the benefit of the state's present and future
inhabitants. § 37 -60 -102, C.R.S. (2002).
D. The Board is vested with the exclusive authority to appropriate such waters of
natural streams as the Board determines may be required for minimum stream flows to
preserve the natural environment to a reasonable degree. Prior to doing so the Board requests
recommendations from state and federal agencies, including the United States Department of
the Interior. § 37 -92- 102(3), C.R.S.(2002).
E. In 1971, the National Park Service applied for reserved water rights for the
Black Canyon (then a national monument) in Case No. W -437, Water Division 4. On October
2, 1978, the water judge in the consolidated cases in Water Divisions 4, 5, and 6 entered an