Agenda Item 26: Arkansas River ISF Appropriation

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Diversion ( "RICD ") water rights filing. CDOW has also provided support for this recommendation. The Board will recall that the City of Pueblo originally filed for an RICD on the Arkansas River downstream of Pueblo Reservoir for flows of 100 cfs and 500 cfs for 365 days a year, 24 hours a day. This Application is part of a much larger Legacy Project that involves restoration of the entire river corridor. Specific aspects of the project involve cooperation between Pueblo and the Colorado Division of Wildlife, Colorado State Parks, Great Outdoors Colorado ( "GOCO ") and the Army Corps of Engineers, among others. The Board, in making its recommendation on the first RICD application filed under Senate Bill 216, recommended the decree be granted as long as the flows were reduced from 500 cfs to 250 cfs during certain shoulder months, the water right not be granted during the nighttime hours, as well as other specified conditions. The City of Pueblo after a number of years of discussion and negotiation, obtained a global settlement with the Southeastern Colorado Water Conservancy District, the Pueblo Board of Water Works, and the Cities of Fountain, Colorado Springs, and Aurora. The historic Intergovernmental Agreement (IGA) provides for, among other things, the Arkansas River Flow Management Program ( "FMP "). To implement the FMP, Colorado Springs, the Pueblo Board of Water Works ( "PBWW "), the Southeastern Colorado Water Conservancy District, and the Cities of Aurora and Fountain agreed in the Regional IGA to subordinate their senior water rights as necessary to protect variable ranges of flow for the RICD in the Arkansas River through Pueblo (100 to 500 cfs, depending upon the time of year). The obligations of these parties are less during dry years, and years when reservoir storage is being restored. However, the 100 cfs flow rate is protected without regard to dry years, under the RICD water rights decree and the IGA. In addition, the Regional IGA also provides for mitigation of the reduction in yield of the subordinated water rights through the construction of additional storage downstream of the Arkansas River/Fountain Creek confluence, so that water that is required to flow through the City of Pueblo can be captured in the storage vessel and exchanged up to Pueblo Reservoir at a later time when the minimum RICD flows are not threatened. Finally, the Regional IGA includes various commitments of the parties relating to Colorado Springs' proposed "Southern Delivery System "; support for federal legislation concerning the Southeastern District's "Preferred Storage Options Plan "; and storage contracts in Pueblo Reservoir. Through discussions with the City, it became clear that the City sought to protect values associated with flows that could occur during the nighttime hours, even though there may be times when the RICD might not be in use by recreationalists. As such, the Board entered into an agreement with the City of Pueblo whereby the City sought a decree for an RICD that would not protect flows during the nighttime hours. In addition, the CWCB Staff agreed to promote in good faith and the Board agreed to consider in good faith, the appropriation of an instream flow water right for approximately 100 cfs within the vicinity of the Pueblo whitewater course. (See the attached agreement). The CWCB Staff and the City of Pueblo asked the Division of Wildlife to consider an instream flow from the outlet of Pueblo Reservoir down to the confluence with Fountain Creek. This segment of river is located within the City of Pueblo and is greatly affected by its urban setting. 2