BOARD02132

• Board Meeting Date: 5/30/1991
• Description: Agenda or Table of Contents, Minutes, Memos. Not All Materials Are Included.
• Board Meetings - Doc Type: Meeting

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STATE OF COLORI\DO

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
.721 State Centennial Building
1313 Sherman Street
Denver, Colorado 60203
Phone: [phone]

CONFIDENTIAL

MEMORANDUM

TO:

Members, CWCB

FROM:

E. I. Jencsok

DATE:

May 21, 1991

SUBJECT:

Agenda Item lla, May 30-31, 1991, Board Meeting
Black Canyon National Monument Federal Reserved Right

Background

In 1982 an unquantified conditional instream flow right on the Gunnison River,
with a priority date between 1933 and 1939, was decreed to the United States in
United States v. Denver 656 P.2d(Colo 1982) as part of its reserved rights claims for
the Black Canyon on the Gunnison National Monument. The right is for fish culture
and the preservation of "recreational, scenic and aesthetic conditions" within the
monument.

The United States is not required to quantify this right until 5 years after the case
is concluded, and a final judgment has not yet been entered.

Although the National Park Service (NPS) has conducted studies to quantify its
reserved right claims, it has not filed final claims in water court nor has it revealed
the quantity of the claims.

Thus at the present time it is impossible to know what the final claims will be.

Introduction

In January 1991, the Bureau of Reclamation, Grand Junction office, asked the
CWCB staff to participate with the Bureau, the National Park Service and the Bureau
of Land Management to determine whether a contract/consent decree can be
mutually agreed to which establishes a Federal commitment to the Monument from

Roy Romer
Governor
David W. Walker
Djr~tor