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Last modified
7/14/2011 11:03:32 AM
Creation date
9/30/2006 9:58:35 PM
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Publications
Year
2003
Title
Gunnison Basin Water: No Panacea for the Front Range
CWCB Section
Administration
Author
Land and Water Fund
Description
Gunnison Basin Water: No Panacea for the Front Range
Publications - Doc Type
Other
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<br /> <br />The Gunnison: A Basin In Balance <br /> <br />CD <br /> <br />salvo in a bitter and tortuous struggle for control of a significant share of the waters <br />arising in the Upper Gunnison Basin. <br /> <br />The Board of County Commissioners for Arapahoe County later acquired <br />NECD's interests and, in 1988, filed an amended application for water rights for the <br />project. Judge Robert Brown in Water Division 4 later denied this application in <br />1991, after a six-week trial. Arapahoe County appealed to the Colorado Supreme <br />Court and won a reversal. A second trial was held in water court and again Arapahoe <br />County's application was denied. Arapahoe appealed again, but this time the trial <br />court's denial was sustained. <br /> <br />Arapahoe was seeking to store about 900,000 AF in Union Park Reservoir for <br />transport to the Front Range by means of a pipeline capable of carrying over 300,000 <br />AFA. West Slope interests saw the obvious threat of such a massive export of water <br />from its basin of origin: a dramatic change in the current way-of-life and limits on the <br />basin's future. This threat united basin groups with often disparate interests-irriga- <br />tors; cities; fishing, rafting and other tourist industries; the United States; the Upper <br />Gunnison District and River District; and conservationists-to mount a coordinated <br />defense of the Upper Gunnison basin. <br /> <br />The big question in this decade-long litigation was whether there was suffi- <br />cient unappropriated water available in the Upper Gunnison to support Arapahoe's <br />application. The answer given by the Colorado Supreme Court was a resounding <br />"no." A detailed account of this serpentine litigation can be found in Appendix 1, the <br />Saga of Union Park. Here, we summarize the key findings of fact and conclusions of <br />law that are now the law of the Gunnison River and of the state of Colorado. <br /> <br />In short, the Union Park litigation established that: <br /> <br />1. Notwithstanding that as much as 1,800,000 AFA leaves the basin annually, <br />there is less than 15,000 AFA of unappropriated water available in the <br />Upper Basin at the points of diversion for which Arapahoe County had <br />applied. This is far less than needed to support even a small trans-moun- <br />tain project. <br /> <br />2. The Bureau is entitled to use the full decreed rights it holds under state <br />law for the Aspinall Unit, including for fish and wildlife, recreation, and <br />hydropower. The Bureau puts all of the water that it is entitled to use <br />under its state decrees to beneficial uses. <br /> <br />3. The Bureau does not release water from the Aspinall Unit for any single <br />purpose, but for the multiple purposes authorized in CRSPA and by the <br />Unit's water rights. To do so is a lawful use of the Bureau's state decrees. <br /> <br />4. With the exception of water available under the 60,000 AFA subordination <br />for in-basin use only, Gunnison water is unavailable to other users with <br />more junior priorities. <br /> <br />5. The UVWUA:s water rights for the Gunnison Tunnel do not have to be <br />satisfied by releases from Aspinall Unit storage. This means that the <br /> <br />Gunnison Basin Water <br /> <br />. 15 . <br />
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