BOARD01816

• Board Meeting Date: 11/19/2001
• Description: CF Section - Proposed Statute Revisions Construction Fund and Severance Tax Trust Fund Perpetual Base Account
• 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
Denverr Colorado 80203
Phone [phone]
FAX [phone]

OFFICE OF TIlE ATIORNEY GENERAL

Novernber 19,2001

MEMORANDUM

TO: Colorado Water Conservation Board

FROM: Ken Salazar
Attorney General

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RE:

Felicity Hannay
Deputy Attorney General

Report of the Attorney General!

1. QuantificlItion of reserved water ri!:(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,

Discussion: On January 17, 2001, the United States filed a quantification application with the
Division 4 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.

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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

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