BOARD01267

• Board Meeting Date: 11/16/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Gunnison River Basin

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Black Canyon of the Gunnison federal Reserved Water Right - Appeal to the Colorado S. Ct. -:
On Nov. 8 the Supreme Court issued a 5-2 decision concluding that the water court did not abuse its
discretion in granting a stay:

Because the federal court has exclusive jurisdiction over the federal claims raised by the
environmental opposers and the resolution ofthose claims may require a United States to claim
a broader reserved water right for the Black Canyon for the Gunnison National Park, we hold
that they water court within its discretion when it stayed its proceeding until the federal
litigation is resolved. Our review of the prejudices and competing interest in this case favor
upholding the stay. We therefore discharge the rule and remand the case to the water court.

You may review the entire case online at www.courts.state.co.us/supct/supctcaseannctsindex.htm.

Gunnison RICD: The Gunnison RJCD appeal oral argument will be heard on Dec. 6 10:30 am.
The Upper Gunnison River Conservancy District (UGRCD) moved to recuse Justice Hobbs from
considering the appeal by the CWCB of the UGRCD RICD application. Justice Hobbs rejected the
request.

Aspinall Unit Re-operation EIS Cooperating Agency Meeting: The first Cooperating Agency
Meeting for the Aspinall Unit Re-operation EIS was held on Nov. I at Reclamation's office in Grand
Junction. Cooperating agencies include:
. Colorado Department of Natural Resources (EDO, CWCB, CDOW, and CDWR),
. Colorado River Water Conservation District (CRWCD),
. Platte River Power Authority,
. Southwestern Water Conservancy District (SWWCD),
. Western Area Power Administration (W APA),
. National Park Service (NPS), and
. US Fish and Wildlife Service (USFWS).

The EIS process is now set to resume after the USBR decided to continue with the EIS as originally
scoped. As stated in the Federal Register (Vol. 69, No. 13, January 21,2004), "the purpose of
Reclamation's proposed action is to operate the Aspinall Unit to avoid jeopardy to endangered species
while maintaining the congressionally authorized Unit purposes." This EIS will consider re-operation
of the Aspinall Unit to attempt to meet the 2003 USFWS flow recommendations for the Gunnison
River at Whitewater or a reasonable alternative thereto.

The kickoff meeting for the cooperating agencies briefly covered the following topics:
. Roles oflead agency and cooperating agencies
. Summary of Notice of Intent and purpose and need
. General EIS Schedule
. Summary of Scoping Results
. Discussion of Hydrology Modeling
. Discussion of Ideas on Public Involvement
· Discussion ofldeas on baseline and no action alternative
. Initial Ideas on alternatives
. Public Questions and Comments

The USBR hopes to complete this EIS in 2008. Cooperators meetings will be held monthly throughout

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