BOARD00438

• Board Meeting Date: 5/19/2003
• Description: EDO Director's Report
• Board Meetings - Doc Type: Memo

'05/09/2003 16:07 FAX [phone]
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A/S FISH/WILDLIFE/PARK

~002

United States Department of the Interior

OFFICE OF THE SECRETARY
Washington, D.C. 20240

MAY - '9' 200~

Mr. Greg Walcher
Executive Director
Colorado Department of Natural Resources
1313 Sherman Street, Room 718
Denver, Colorado 80203

Dear Mr. Walcher:

.

By transmittal of this letter, the Department of the Interior is hereby requesting that the
State of Colorado institute the administrative process necessary for the Colorado Water
Conservation Board (CWCB) to file an application for an instream flow appropriation.
with the Colorado Water Court. The proposed instream flow will be for the stretch of the
Gunnison River below the Gunnison Diversion Dam through the Black Canyon, to the
confluence of the North Fork ofthe Gunnison River. The primary beneficiary of this
proposed instream flow appropriation is the Black Canyon of the Gunnison National Park
(park).

The Agreement signed last month among yourself, Attorney General S,alazar, and the
Department of the Interior, was the first step in a historic partnership designed to
demonstrate that the water needs of the United States, in many circumstances, can be met
by working collaboratively with the states in a manner that protects existing water users.
Under the tenns of the Agreement, the United States will obtain a Federal reserved right
of 300 cubic feet per second (cfs) or natural flow, whichever is less, for the Park under
the current proceedings in Colorado Water Court for quantification of the reserved right
for the Park. The Agreement also specified that Colorado, through the CWCB, will
obtain an instream flow right with a 2003 priority date to be held by the State for the
benefit of the Park. This right shall only be exercised if Blue Mesa Reservoir is projected
to fill and spill by July 31 in any given year. If Blue Mesa is projected to fill and spill by
July 31, then any water beyond that which satisfies present and future obligations of the
Aspinall Unit shall be held by CWCB for an instream flow right. When the CWCB
instrearn flow right is in priority, the right shall not be exercised in a manner that
interferes with Aspinall Unit operations.

.

We understand that in certain years where there are significant flows in the Gunnison
Basin, the amount of water available for the instream flow appropriation could be
significant. In light of the standards of Colorado law (I.e. that the appropriation shall
only be for the minimum amount of water necessary to protect the enviroument to a
reasonable degree), we are only requesting an appropriation for the spring runoff period