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<br />The authorizing legislation for the San Juan-Chama Project (P.L. 87-483) which was <br />passed by Congress in 1962 states in Section 8. Paragraph f.: <br /> <br />. <br /> <br />"... the Secretary shall operate the project so that there shall be no injury, <br />impairment, or depletion of existing or future beneficial uses of water within the <br />State of Colorado, the use of which is within the apportionment made to the State <br />of Colorado by article III of the Upper Colorado River Basin compact, as <br />provided by Article IX of the Upper Colorado River compact and article IX of the <br />Rio Grande compact;" <br /> <br />This provision appears to require the Bureau to recognize such future beneficial uses in <br />Colorado as the Board's instream flow decree. <br /> <br />Discussion <br /> <br />The impacts of the San Jaun-Chama Project on the lower Rio Blanco have been an issue <br />with property owners and water right owners alike since the project went on line in the <br />early seventies. While good faith attempts have been made to resolve the flow issues, <br />they have only been partially successful - at best. Continued citizen interest as evidenced <br />by the Lower Blanco Habitat Restoration Project, a 319 grant recipient of which the <br />Board, CDOW, and DWR have provided technical support, makes it even more <br />imperative that a permanent solution be sought to the instream f10wlbypass issue. <br /> <br />It is the staffs intent to pursue a permanent resolution of the flow issue as it relates to the . <br />Board's instream flow water right. This effort will include meetings with the Division 7 <br />Engineer, the CDOW, and the Bureau to update the Bureau on the activities that have <br />occurred on the lower Blanco during the past several years. These events include the 319 <br />grant and the resultant habitat restoration project, the potential gravel pit/pond/wetland <br />component, and the studies conducted by the CDOW. We will also discuss the operation <br />of the project and the effect past operation has had on the instream flows and other water <br />rights in the basin. We will suggest possible operational scenarios that the Bureau <br />explores to minimize or eliminate any impact to the Board's water right while insuring <br />project yield. Our goal is to obtain a permanent resolution of the instream f10wlbypass <br />issue while maintaining project yield, if at all possible. As these discussions evolve they <br />may also include the Attorney General's Office, the State Engineer, and the State of New <br />Mexico as the situation warrants. The staff will keep the Board apprised of the progress <br />of this effort. <br /> <br />. <br />