BOARD01461

• Board Meeting Date: 7/13/1998
• Description: ISF Section - Water Acquisition Agreement/Donation - Neal McKinstry/Upper Colorado River Recovery Implementation Program
• Board Meetings - Doc Type: Memo

.

Colorado Water Conservation Board
Department of Natural Resources
i:: C~ntenr.ial Building
1 31 3 Sherman Street
Denver, Colorado 802Q3
Phone: [phone],3441
fAX: [phone]

STATE OF COLOMDO

~

MEMORANDUM

TO:

Colorado Water Conservation Board Members

Roy Romer
Governor
lames s. Lochhead
Executive Director, ONR
DMies C. Lile. P.E.
Director, CWeB
Peter H. Evans
Acting Director, CWeB

FROM:

Dan Merriman
Bahman Hatami

DATE:

July 6. 1998

SUBJECT:

Agenda Item Ila, July 13,14, 1998, Board Meeting
Instream Flow Program - Water Acquisition Agreement/Donation
Neal McKinstrylUpper Colorado River Recovery Implementation Program

In early May 1998, the Board staff was contacted by Mr. Neal McKinstry who expressed an interest in
donating his water right to the Board "for sustained river flow for endangered fish." Mr. McKinstry's
water right has an adjudication date of January 24, 1974 with an appropriation date of 1900 for 1.94 cfs.
According to the decree and confirmed by Mr. McKinstry, the source of the water for this right is "waste
water collected by Lateral No. 95 of Grand Valley Canal, tributary of the Colorado River."

· Currently, the Board holds an instream flow appropriation on the Colorado River downstream of the
Grand Valley Canal for Endangered Fish Recovery Program that may benefit if this water right is donated
to the Board, Based on a preliminary evaluation of Mr. McKinstry's water right, staff concluded that this
water right might be useful as part of the water supply contemplated for protection of endangered fish on
the Colorado River. Therefore, staff forwarded Mr. McKinstry's letter and a copy of the decree of the
subject water right to George Smith, Chairman of the Water Acquisition Committee (WAC) for the Upper
Colorado River Recovery Implementation Program. The WAC will make a decision at its July 9, 1998,
meeting as to whether Mr. McKinstry's water right can be used as part of the water supply needed for the
protection of endangered fish on the Colorado River. However, as stated by George Smith in the attached
letter, it is unlikely that Mr, McKinstry's water right would be of interest to the WAC, Staff will inform
the Board of the WAC's decision during the presentation ofthis item.

If the WAC is interested in using the subject water right as part of the water supply needed for the
protection of fish on the Colorado River, the staff, on behalf of the Board, will negotiate a donation
agreement with Mr. McKinstry. Per statute, the Board must determine within 120 days under what terms
and conditions it will accept a contract or agreement for the acquisition (donation) of water, unless the
donor agrees to extend this grace period.

.

If the WAC is r;C>t interested in this water right, staff recommends that the Board respectfully decline Mr.
McKinstry's donation offer. Considering the relative junior priority and location of Mr. McKinstry's
water right, it is unlikely that the Board could use the water associated with this right to supplement other
instream flow water rights or use the water to appropriate new water rights.

Attachment