BOARD01008

• Board Meeting Date: 1/27/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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of mouse habitat could be impacted if the dam and reservoir where changed to accommodate
more storage space. The USFWS also wants to examine the area for other species such as the
Colorado Butterfly Plant and Ute Ladies' tresses Orchid.

Finally, based on our modeling of reservoir operations and downstream flooding impacts
downstream, there may be a need for a new floodplain study downstream of Chatfield Reservoir to
the Colorado-Nebraska state line.

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This mapping, if funded by the CWCB, will be developed along the South Platte River for
Weld, Morgan, Washington, Logan and Sedgwick Counties. The study would utilize a new
HEC-RAS model developed for the
Reallocation Study. Calibration ofthe model to
the laO-year flood event and utilizing this
model will map the la, 50 and 100-year flood
events. An initial estimate by the Corps for
completion of that floodplain study is $38,000
for 212 miles of River.

Denver Water Reservoir Storage
Drought Response Report. 1/5/04
Percent
Reservoir Storage (AF) Capacity
Antero 8 20.015
Eleven Mile 70,60997.779
Cheesman 60.121 79,064
Marston 11.21519,796
Chatfield 22,02727,428
Dillon 223.571 254.036
Williams Fork 60,11596,822
Wolford Mountain 12.333 25.610
Gross 31.17441.811
Ralston 8.93110.749
Total System 500,104673,110

(AF) Full
0.0%
72.2%
76.0%
56.7%
80.3%
88.0%
62.1%
48.2%
74.6%
83.1%
74.3%

Chatfield Drought Declaration Update: At
the March 2004 CWCB meeting staff, Denver
Water and Colorado State Parks will make a
presentation regarding the existing drought
declaration at Chatfield Reservoir. Currently
the Denver Water total system is at 74.3 % and
Chatfield Reservoir is at 80.3%. It is believed
by many that the "severe and protracted (prolonged) drought" which justified the Board's
drought declaration is nearing an end. Instead, the parties should work to develop operating
criteria to be used during future droughts,

e)

Rio Grande Basin

Silvery Minnow Judicial Reversal and Legislative Action: Rio Grande Silvery Minnow, et
al vs, U.s. Bureau of Reclamation: On Jrme l2, 2003, the U.S. Court of Appeals, for the 10th
Circuit, released its decision in this case. The three-judge panel affirmed the prior decisions of
the District Court and upheld a preliminary injunction of the District Court. This case turned on
the issues related to Reclamation's discretion to release additional Rio Grande water supplies in
order to ensure the maintenance of flow in tbe channel to sustain the Silvery Minnow. Federal
and State agencies and amici argued that Reclamation's discretion in making endangered species
releases was limited by existing federal statute, project authorizations and water service contracts
and language in the interstate compacts. The U.S. District Court disagreed with these arguments
and the 10th Circuit affirmed relying on language in the 1978 U.S. Supreme Court Decision in
Tennessee Valley Authority vs, Hill which stated that every federal agency must insure' "that
any action authorized, funded, or carried out by such agency... is not likely to jeopardize the
continued existence of the endangered species or threatened species."

The 10th Circuit noted that: (1) under the principles of contract interpretation, the plain language
governs; (2) the contracts written under Reclamation laws envision applying subsequent
legislation in their interpretation; and (3) the plain language of the "shortage clauses" provides
the basis for Reclainations-discretion-to-allocateavailable-watenupplies-to-comply-with ESA.

U.S. Senator, Peter V. Domenici stated that he did not believe that was Congress' intent, and
certainly not his intent, with the passage of the ESA to circumvent the role of the State in
managing its water resources, nor to deprive lawfully obtained water service contract holders of
their water and water rights. He introduced federal legislation to address this issue, and looked
to his colleagues in other western states for support. According to a news release by Senator

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