Laserfiche WebLink
Memo to Colorado Water Conservation Board Members <br />1✓ron Peter Evans and E Tencsok <br />Date: December 5, 1995 <br />Re: Endangered Fish Instream Water Rights for the Yampa River <br />Page 5 <br />without impairing Colorado's ability to fully develop its compact apportioned waters. <br />A report was prepared by the Workgroup summarizing its observations and <br />recommendations. The report is titled, "Colorado River Compact Water Development <br />Projection" dated November 2, 1995. The observations and recommendations contained in the <br />report reflect the Workgroup's thoughts on key documents relating to the "Law of the Colorado <br />River," Colorado River Basin Hydrology, the range of Colorado's compact apportionment, <br />Colorado's current consumptive use of Colorado River water, the range of Colorado's unused <br />compact apportionment, and possible distribution of the unused apportionment. The Workgroup <br />report also went through a public peer review process which resulted in some changes to the <br />report for the purpose of added clarification. There were no substantive changes to the report as <br />a result of the peer review process. In addition to the joint meetings of the Board and <br />Workgroup, the Board has considered drafts of the report at several Board meetings the most <br />recent being the special Board meetings on October 10 and 20, 1995. <br />Based on the Workgroup report, the staff concludes that water is legally available for <br />appropriation for endangered fish recovery instream flow purposes. Depending upon <br />assumptions made concerning the Law of the River and water supply, Colorado's estimated <br />consumptive use entitlement is between 3.079 and 3.855 million acre feet, or 28% to 35 %, of the <br />10.8 million acre feet of water from the Colorado River and its tributaries arising in Colorado. <br />Currently, Colorado is consumptively using about 2.6 million acre feet. As a result, instream <br />flow water rights for endangered fish recovery purposes can be appropriated without depriving <br />the people of Colorado of the ability to fully develop the remaining compact apportionment. <br />INSTREAM FLOW ALTERNATIVES <br />During the course of the Board's deliberations, it has considered several options for the <br />appropriation and administration of instream flow water rights. A number of alternatives were <br />first presented to the Board at the July 5, 1995 Workshop in Denver. From the possible <br />alternatives presented at the Workshop, three preferred alternatives were carried forward for <br />further examination. These three alternatives have been discussed and refined at Board meetings <br />and workshops since then. The recommended format presented below is a combination of ideas <br />from those three alternatives. <br />The recommended alternative is to file for two separate water rights, a `Base Flow Water <br />Right" and a "Recovery Flow Water Right." The Base Flow Water Right would be for the <br />amounts indicated in the Final Notice. The Base Flow Water Right would be at least one day <br />senior to the Recovery Flow Water Right and would not be subject to any future development <br />allowance. It would be treated as Paragraph 3 water under the Enforcement Agreement between <br />the Board and the Service. <br />The Board would identify a consumptive use Carve Out for future development in the <br />amount of 52,000 AF, distributed on a monthly basis. The Carve Out would provide adequate <br />opportunities for Colorado water users to fully develop Colorado's compact apportionment under <br />