BOARD01164

• Board Meeting Date: 3/21/2006
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Gunnison RIver Basin

U.S. Fish and WUdUfe Service Will Not Conduct In-Depth Review to Consider Listing the
Gunnison's Prairie Dog: The USFWS reviewed a petition to list the Gunnison's prairie dog under the
Endangered Spedes Act7 and on Feb 7 concluded the petition did not contain SUbSta.11ti~! scientific
information that the petitioned action is warranted. The Service made the determination in response to a
petition received in Feb. 2004 from Forest Guardians and 72 other organizations and individuals. The
petition requested that the Gunnison's prairie dog found in the "Four Comers" area be listed as threatened
or endangered. Under the ESA, the Service is required to review the petition to decide whether it
contained substantial scientific information that warrants a more thorough review. After review, the
Service decided that inadequate information on population and range was available to make a decision on
species decline.

The finding was prepared pursuant to a court order resulting from a lawsuit filed against the Service by
Biodiversity Conservation Alliance. A copy ofthe finding can be found at htto://mountain-
oraine .fWs.l!:ov/soecies/mamrnals/GunnisonPrarieDolllindex.htm

Gunnison RlCD Update: The water court in Water Division No.4 has decreed the RlCD water right
for the Upper Gunnison River Water Conservancy District ("UGRWCD"). This decree reflects the
settlement between the CWCB and the UGRWCD. A judge signed a decree on Jan 23 for the Gunnison
White Water Park, ending a four-year battle over the right claimed by the Upper Gunnison River Water
Conservancy District. The decree for the water right was signed just after local citizens came forward
with concerns about what the right means to upstream users, especially those looking to file for a new
right. The District was told that they needed to consider their other constituents besides kayakers. Now
that the water right is signed, concerns about the park can be brought before the owner of the decree as it
forges the management plan for the park's water. The district began meeting on policy matters of the
whitewater park on February 16th.

While all the opposers to the case agreed to the final signed decree from the water court, some long-
standing opposition to the RICD continues. Former county commissioner Rikki Santarelli noted that
there are people who have commerce decisions waiting to see what the Conservancy District is going to
do, and would have them subordinate the kayak park to upstream development in the basin. A local
business owner, rancher and developer Bill Lacy said the RICD would make it difficult for him, as a
developer, to buy augmentation water for a housing development he proposes north of Gunnison. .

Manager of Upper Gunnison RIver Water Conservancy Dlstriet Resigns: The manager of the Upper
Gunnison River Water Conservancy District of two years, Karen Shirley, announced her resignation last
month. Shirley plans her resignation for May 19. Shirley made her decision as the Water Conservancy
District board had begun the process of hiring an assistant manager, after heavy debate about the role of
an assistant. The board considered Shirley's resignations during its February 27 meeting. At the
recommendation of the Water Conservancy District's executive committee, the board voted on Monday,
February 27 to begin advertising to hire a new manager on March I and to allow a new manager to select
his or her own assistant manager.

Platte River Basin

Status of EMJ Squaw Pass, LLC Injury with MItigation Resolution (Case No. 1-04CW323): Staff
presented this proposed injury with mitigation pretrial resolution to the Board at its November 2005
meeting (first meeting of the two meeting process under ISF Rule 8i(3)). EMJ Squaw Pass, LLC ("EMJ')

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