Upper Colorado River Stakeholder Group Conceptual Plan for a Wild and Secnic Management Alternative June 30 2009

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June 30, 2008 • Though not a requirement, water rights can be appropriated for Special Legislation according to the laws of the state. • Establishment of Special Legislation would remove the area from future Wild and Scenic Designation consideration. Future Resource Management Plans ( "RMPs ") would not have to revisit issue of eligibility /suitability of the area at end of the RMP term, thereby providing some certainty about future management considerations. Cons • Special Legislation requires congressional designation, which is a lengthy process and includes factors that are potentially beyond the control of the Stakeholder Group. • Federal management may be required. 9. PLAN FOR AUGMENTATION TO SUPPLEMENT FLOWS I. Basic Concept A plan for augmentation is "a detailed program, which may be either temporary or perpetual in duration, to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means." C.R.S. §37 -92- 103(9) (emphasis added). There has to be a lawful use to be augmented within the reach, such as an RICD or ISF. Many of the mechanisms for protections under consideration, including voluntary flow agreements, coordinated reservoir operations, CWCB Instream Flows, Colorado River District Water for Fish Preservation, and RICDs could all be enhanced by a plan for augmentation. II. Potential Benefits to Stream Segments A plan for augmentation is a flexible tool that can increase (i.e. augment) flows, under many of the water based flow protection ideas. III. Permanent Flow Protection A decreed augmentation plan provides permanent protection, while having flexibility to accommodate additional supplies and needs. IV. Pros and Cons Pros • An augmentation plan to supplement flows provides a permanent and flexible tool to protect and enhance stream flows for ORVs. • An augmentation plan to supplement flows achieves higher flows than may otherwise be available under RICD or CWCB due to statutory limitations of minimum flows.