BOARD01456

• Board Meeting Date: 7/23/2001
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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KEN SALAZAR
Attorney General

CHRISTINE M. ARGUELLO
Chief Deputy Attorney General

ALAN J. GILBERT
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denvert Colorado 80203
Phone [phone]
FAX [phone]

OFFICE OF THE ATTORNEY GENERAL

July 23,2001

MEMORANDUM

TO: Colorado Water Conservation Board

FROM: Ken Salazar
Attorney General

.

RE:

Felicity Hannay
Deputy Attorney General

Report of the Attorney General1

1. Quantification of reserved water ril(hts for Black Canyon ofthe Gunnison National
Park.

Issue: What quantity of water the United States is entitled to under the "conditional"
reserved water right decreed to Black Canyon of the Gunnison National Monument in the
original United States v. Denver case in 1978.

Decision: On January 17,2001, the United States filed a quantification with the water court
that claims a year-round 300 c.f.s. base flow, plus higher base flows and peak flows determined
under a complex formula. Peak flows claimed could be as high as 11,000 c.f.s. in wet years.
The cover letter recites that the United States intends to seek a negotiated settlement and will ask
the water court to stay proceedings after the period for filing statements of opposition has ended.

Discussion: The Park Service and Bureau of Reclamation have been discussing quantification
of the Black Canyon reserved right for several years. There were some initial public meetings,
with the promise of more public involvement later, which never materialized. The magnitude of
the flows claimed in the quantification that was filed exceed the power plant capacity at Crystal
Reservoir and raise concerns about flooding and the effect on the yield of the Aspinall Unit, as

. I New material and updates to previously reported matters appear in bold type.