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r 1. . . . COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Phone: (J03) 866-3441 STATE OF COLORI\DO o M E M 0 RAN DUM Roy Romer Governor David W. Walker Director To: Members, CWCB From: Randy Seaholm Date: May 28, 1991 Subject: Agenda Item 12, May 30-31, 1991, Board Meeting-- TNC Donation Purpose The purpose of this agenda item is to (1) review The Nature Conservancy (TNC) donation process; (2) present to the Board for review and comment the study that was done for the Board's use in determining whether or not to accept the proposed dona~ion; and (3) present the draft Preliminary Notice required by the agreement. Backqround On June 30, 1990, TNC and the Board reached agreement on a process by which the Board would determine whether or not to accept the donation of the first 300 CFS of the 800 CFS Rabbit Gulch Canal water right which TNC had acquired from the Pittsburg and Midway Coal Mining Company. The donated right would be changed to instream flow and used to protect a 300 CFS flow in the Gunnison Ri ver between the Gunnison Tunnel and the North Fork Gunnison confluence (28.9 miles). At the September 11, 1990, Board meeting staff presented an, "Executive Summary" of the physical water available based on gage record and an analysis based on the Colorado Water Resources and Power Development Authority (CWR&PDA) Phase I study that showed the potential impacts to future water development. However, several questions relating to impacts on upstream water rights were raised which required further investigation. At the November, 1990, Board meeting staff provided an outline to the Board for additional work. However, estimates for that work exceeded available funding. As a result, staff has undertaken reporting efforts internally to address those concerns. That effort has culminated in the attached report.