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

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

July 22, 2003

A~~ t '2~

Bill Owens
Governor

U.S. Army COrpS of Engineers
Sacramento District
ATTN: Mr. Paul Puguer, CESPK-ED-D
1325 J Street
Sacramento, California 95814-2922

Greg E, Walcher
Executive Director

Rod Kuharich
eweB Director

Dan McAuliffe
Deputy Director

RE: Potential Flooding at Delta, Colorado with Respect to the Settlement of the Reserved Water
Rights for the Black Canyon of the Gunnison National Park.

Dear Mr. Puguer:

The State of Colorado has reached a potential settlement agreement with the Department of Interior
that would settle the reserved water rights claims of the National Park Service for the Black Canyon
of the Gunnison National Park. One of the elements of the settlement requires the Colorado Water
Conservation Board to file for an instream flow water right that would protect peak flows in the
Gunnison River during the months of May, June and July. These peak flows maybe planned for and
subsequently generated by operations of the Aspinall Unit.

The, "Water Control Manual, Blue Mesa Dam and Reservoir, Gunnison River, Colorado" prepared
by the U.S. Army Corps of Engineers, Sacramento District in February 1988 (WCM) states in
section 7-02, "The maximum downstream non-damaging channel capacity of the Gunnison River
at Delta, Colorado is 15,000 cfs." In section 7-03 of the WCM it states, "Releases through the
combined power, river, and spillway at anyone dam is adjusted ifpossible so as not to exceed
15,000 cfs at Delta, Colorado." Section 7-13b addresses unplanned minor deviations from the
WCM and Section 7-13c addresses planned deviations from the WCM.

Mr. Richard Sales, Delta Community Development Director, has provided us with an annotated
hydrograph of the events that occurred during the high water in 1995 (Attached). At approximately
10,000 cfs erosion of the dike that protects the City's Sewer Plant began to occur. When flows
reached 11,000 cfs water was out of bank and it becanle necessary to close portions of Confluence
Park. When the flows reached 13,000 cfs property damage appeared eminent and people began to
remove belongings and other property from the Living History Museum and other structures in low-
lying areas.

Based on the above information, we believe it would be appropriate for the U.S. Army Corps of
Engineers to issue supplemental guidance stating that there can be no "planned deviations" from the

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning