BOARD00195

• Board Meeting Date: 3/20/2000
• Description: Water Resources and Power Authority Director's Report
• Board Meetings - Doc Type: Memo

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T.J..ylor Park Reservoir or ot~er operations wcuid oc:::rr which would interfere with the
e"'s';~cr .,,,[horized o",?oses or water ";g~:s of the fectlraj oroje~:. T;e C\VCB ceased
. " L.A"'~':;l L~... .. . . ..... ':. 4~ _ 0"')' "'C'" 1~~~"'" _._ f J .....(,""
::-ar:1Clca::or. In the wat~r c::)~r: 'Jroc~~clngs ror 86CW20..:.. and ~ .;) ....I-'G.~ e..u.' 0 Ul..o~...
Brown.ls May 5~ 1988 luling ria:. the rights sought in these !'\VO C:lSes did not COf'!...5titllte
i:1stream t10w apDrooriatior.s. The ewcs also withdrew from the Arapahoe County and
Aurora cases under'stipulations which recognized the CWCB's instrea:n flow claims and
decrees.

A decree establishin<7 water ricrhts as applied for by the Upper Gunnison District in
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86CW203 was entered by the Water Court on September 18. 1990. Tntl judgement, and the
denial in 86CW202, were both appealed to the Colorado Supreme Court. The Supreme
Court confirmed the Water Court's judgements in both 86CW202 and 86CW203. The
CWCB finally supported the position of the Upper Gunnison District in 86CW203 before
the Supreme Court. The 86CW203 right was subsequently conveyed to Reclamation on
March 22.1993, as required in the stipulated agreement (as water rights for most, but not
all, Reclamation projects have been).

In addressing the water right filed by NECO (86CW226) and transferred to Arapahoe
County (88CW178) the water court ruled on October 21,1991, that only 20,000 af of water
was available to 88CW178, reaffirming the dismissal with prejudice in case 86CW226. That
judgement was supplemented by a comprehensive order issued December 30,1991 in which
the court recognized a November 5, 1991 letter from Arapahoe County which advised the
court that it would not be justifiable to proceed with Phase II of the. trial based on the
amount of available unappropriated water should the water court judgements be upheld on
appeal to the Colorado Supreme Court. The Supreme Court is presently being briefed in
88CW178 and is not expected to hear oral arguments until early 1994. Attached is the
judgement and decree portion only of the 1991 Water Court ruling in 88CW178.

Currently, the parties to the April 16, 1990 stipulated agreement are working on a
water management agreement that will link the previous exchange agreements and decrees
together in a more functional manner.

Given this background, our resDonse to Dave Miller's August 2, 1993 assertions,
accusations and questions are as follo~s:

On March 22, 1993, the Upper Gunnison District did openly transfer the
water right for the 2nd fill of Taylor Park Reservoir, a Federal Project, to the
US Bureau of Reclamation as agreed to in the April 16, 1990 stipulation.

The decree in 86C'.V203 effectuates terms of the 1975 exchange agreement
consistent with Colorado water law and clearty enhances fishery, recreational
and irrigation stream flow needs in the Taylor and upper Gunnison rivers.
The decree in 86CW203 allows Taylor Park 2nd fill water to be used for
recreationat and fishery purposes in the Taylor and Gunnison Rivers, but, it

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