BOARD00344

• Board Meeting Date: 7/28/2003
• Description: ISF Section - Request for Approval of Enforcement Agreement - Case No. 4W437; NPS Quantification of Black Canyon Reserved Right
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

To: CWCB Members

From: Dan Merriman, Randy Seaholm, Ted Kowalski

Date: July 18, 2003

Bill Owens
Governor

Greg E. Walcher
Executive Director

Rod Kuharich
eweB Director

Dan McAuliffe
Deputy Director

Re: Agenda Item 23, July 28-29, 2003 Board Meeting -
Stream and Lake Protection Section - Request for Approval of Enforcement
Agreement - Case No. 4W437; NPS Quantification of Black Canyon Reserved
Right;

Background

On April 2, 2003, the State of Colorado and the Department of the Interior, including the
Bureau of Reclamation (BR) and National Park Service (NPS), signed the Black Canyon
Agreement ("Black Canyon Agreement'} The Black Canyon Agreement requires the
CWCB to file a water court application for an instream flow water right for the Gunnison
River, from the Gunnison Diversion Dam through the Black Canyon to the confluence
with the North fork of the Gunnison River, in 2003. In addition, the Black Canyon
Agreement provides:

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A binding Memorandum of Agreement (MOA) shall be established among
the National Park Service, the Bureau of Reclamation and the State of
Colorado within 120 days of the date of the last signature on this
agreement regarding enforcement and protection of the instream flow right
referred to in Paragraph 1 (b). The National Park Service shall have
authority to enforce and protect the instream flows consistent with state
law should the CWCB fail to do so. The implementation of this
enforcement agreement shall be spelled out in the MOA.