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Last modified
8/11/2009 11:38:41 AM
Creation date
9/30/2006 9:57:59 PM
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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 />e. Scenario F used historic diversions for absolute <br />water rights, some modification to conditional water rights as <br />considered in other scenarios but still based upon "contem- <br />plated draft", Taylor Park Reservoir with the 86CW203 decree <br />as it was used in Scenario E and generally all other assump- <br />tions the same as Scenario E except a change in the Redlands <br />Canal Power Diversions and City of Gunnison municipal rights. <br />This resulted in a firm yield to union Park Reservoir from <br />101,000 to 127,000 acre feet per year. <br /> <br />158. In its Scenarios Band E, Applicant improperly modeled <br />the irrigation rights based only on the historic depletion amount <br />rather than the total historic or decreed diversions which would <br />result in a senior call on the Union Park Project. This results in <br />an overestimation of yield. Furthermore, Applicant failed to model <br />any absolute water rights below the confluence of Ohio Creek and <br />the Gunnison River and failed to model historic absolute water <br />rights based on priority administration within the Gunnison River <br />Basin, assuming instead that historic operations reflected priority <br />administration. The evidence established that there have histori- <br />cally been shortages to existing absolute rights in the Gunnison <br />River Basin which have not resulted in the curtailment or junior <br />water rights. . <br /> <br />159. In fact, the Upper Basin has not been intensively <br />anministered by the Division Engineer in the past, in part because <br />of cooperative efforts by neighboring ranchers, and also based on <br />agreements (such as the 1975 Exchange Agreement regarding releases <br />from Taylor Park Reservoir), which sought to maximize the benefi- <br />cial use of scarce water resources. Furtheri records of historic <br />diversions reflect only the water being diverted under absolute <br />decrees, and modelling based on said records alone fails to reflect <br />the impact of existing conditional rights which are being diligent- <br />ly developed to utilize additional water. <br /> <br />160. Prior to the operation of Blue Mesa Reservoir, the <br />Uncompahgre Valley Water Users Association called its water rights <br />for the direct flow decree for the Gunnison Tunnel which caused <br />water rights upstream in the Gunnison River Basin to be adminis- <br />tered. Since the operation of Blue Mesa Reservoir, rigorous <br />administration has not been necessary owing in large part to the <br />way in which Blue Mesa Reservoir was operated. However, rigorous <br />administration can be expected in the future with increased water <br />development and rigorous administration is a reasonable assumption <br />in determining the water available to the Union Park Project. <br /> <br />16~. In each of its scenarios in which Applicant found water <br />to be available for appropriation, Applicant assumed that the <br />uni ted States would not be allowed to continue to operate the <br />Aspinall Unit for flood control as it currently does. Specifical- <br />ly, Applicant asserts that, once its project is complete, the <br />Bureau will not need to continue its current practice of drawing <br />Blue Mesa down in the winter months to make room in the reservoir <br />to store the spring runoff. Applicant's reason is that the <br />depletions from its project will provide flood control by obviating <br /> <br />61 <br />
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