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Last modified
8/11/2009 11:38:41 AM
Creation date
9/30/2006 9:57:59 PM
Metadata
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Publications
Year
1992
Title
Transmountain Diversions in 1992 and Arapahoe County Transmountain Litigation of Gunnison River Water
Author
Hillhouse/Hultin/Spaanstra, P.C.
Description
Presentation addressing considerations applicable to a proposed substantial transmountin diversion project and issues about the Gunnison River litigation
Publications - Doc Type
Historical
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<br />affecting either of these federal projects. The Division Engineer <br />did not administer irrigation releases of water from Taylor Park <br />Reservoir to the Gunnison Tunnel. The Court finds that there was <br />no necessity for administration of storage or releases from Taylor <br />Park Reservoir at any time from 1972 through 1988. <br /> <br />83. No claim of injury resulting from, or objections to, the <br />exchanges of water between Taylor Park Reservoir and Blue Mesa <br />Reservoir have been made at any time. The exchange of water <br />between Taylor Park Reservoir and Blue Mesa Reservoir did not <br />result in material injury to the owners of or persons entitled to <br />use any water right, absolute or conditional. <br /> <br />5. The Decree in Case No. 86-CW-203: <br /> <br />84. The 1975 Agreement was the genesis of the decree entered <br />by this Court "in Case No. 86CW203 on September 18, 1990. (Exhibit <br />422) The application in that case was filed by the Gunnison <br />District, and as the result of a nine-day trial, the Gunnison <br />District ~as granted a refill riaht for Tavlor Park Reservoir in <br />the amount of 106,230 acre feet. The water is decreed for <br />recreational purposes while impounded in Taylor Park Reservoir and <br />is to be released in times and quantities calculated to enhance <br />fishery and recreational uses in the Taylor and Gunnison Rivers <br />above Blue Mesa Reservoir. A portion of the water right is also <br />decreed for irrigation purposes. Of the 106,230 acre feet of water <br />awarded to the refill right, 44,700 acre feet is under an absolute <br />decree and the remaining 61,530 acre feet is conditional. <br /> <br />85. One of the findings in Case No. 86CW203 (which is binding <br />upon the Applicant because of common issues and parties) is that <br />the following flow rates below Taylor Park Reservoir in the Taylor <br />River are to be considered as oDtimum for fishery purposes: <br /> <br />Period <br /> <br />October 16-31 <br />November <br />December <br />January <br />February <br />March <br />April <br />May <br />June <br />July <br />August <br />September <br />October 1-15 <br /> <br />Optimum Flow <br /> <br />100-150 c.f.s. <br />100-150 c.f.s. <br />100-150 c.f.s. <br />100-150 c.f.s. <br />100-150 c.f.s. <br />100-150 c.f.s. <br />300-500 c.f.s. <br />300-500 c.f.s. <br />300-500 c.f.s. <br />500 c.f.s. <br />500 c.f.s. <br />500 c.f.s. <br />500 c.f.s. <br /> <br />Puroose <br /> <br />Spawning and incubation <br />Spawning and incubation <br />Spawning and incubation <br />Spawning and incubation <br />Spawning and incubation <br />Spawning and incubation <br />Hatching and fry emergence <br />Hatching and fry emergence <br />Hatching and fry emergence <br />Adult habitat and flushing <br />Adult habitat and flushing <br />Adult habitat and flushing <br />Adult habitat and flushing <br /> <br />[By agreement between the United States, UVWUA, Gunnison <br />District and River District, the ownership of the decree in <br />86CW203 will be assigned to the United States when the decree <br />becomes a final judgment. Johnston testified that the United <br />States would operate the reservoir with these criteria.) <br /> <br />37 <br />
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