ALP 4

requirements or ordinances, and those types of activities fall under the current federal
licensing agreement requirements already in- place.
• Given that a considerable capital investment has been made by the federal government to
settle the Colorado Ute Indian Water Right Settlement Act, and that other project
beneficiaries have also made considerable capital investments to secure their project
water allocations, all resulting in a 120,000 acre foot reservoir to be considered for
recreation, the CWCB and CWRPDA would not support the City collecting �!ny short or
long term fees from the Association (i.e. franchise tax, annexation, etc). We also believe
that a discussion with the City regarding recreation revenues would be constructive to
address any concerns about expenses the Association may incur due to recreation
activities.
• I believe it is safe to say that all project beneficiaries care deeply about long term water
quality at the reservoir and how that might be impacted by allowing recreation. This
topic will require considerable discussion in order to develop a management plan that
adequately addresses liability, fuel storage, mussel infestation, inspections, hunting, law
enforcement, fencing, and others, all having a direct impact on long term water quality.
• It is our recommendation that all recreational activities be subordinate to the operation
and maintenance activities associated with the Project. It needs to be clearly defined that
the long term use of each project beneficiary's water allocation is first and foremost, and
that water levels will fluctuate and at certain times various recreation facilities may
become inoperable or closed. It will be the responsibility of the City to inform it patrons
of this condition and that the recreational experience on any given year will vary.
• We would also recommend that the City consider providing the Tribes with some
additional recreational benefit beyond the typical city or county resident. This could be
in the form of reduced cost to access the reservoir, reserved dates for Tribal use only, and
offering employment opportunities. The reservoir was specifically constructed to settle
the Colorado Ute Indian Water Right Settlement Act and because of that, it is our opinion
that further consideration should be given.
• It is our recommendation that some controlled water fowl hunting be allowed at the
reservoir. This type of activity occurs at many State and City owned reservoirs across
Colorado to control populations and to improve long term water quality. This type of
activity could be strictly limited to certain times of the years and during specified hours,
to limit interaction with non - hunting reservoir users.
The conversation regarding recreation at Lake Nighthorse has been going on at various levels
since 2009. The Animas -La Plata Water Conservancy District (District), a potential future
owner of water in the Project, has contributed a considerable amount of time and resources to
pushing the conversation forward. The CWCB has also provided funding towards this effort in
the form of a $25,000 grant to the District and a $750,000 grant to construct the boat ramp at the
reservoir.