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<br />. <br /> <br />" <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 12 <br />May 28, 1991 <br /> <br />Aqreement <br /> <br />The general agreement process calls for the Board to: <br /> <br />a. "Complete an evaluation of the effects on water resource <br />development in the Gunnison River Basin above Blue Mesa <br />Reservoir of making the water right absolute and an <br />evaluation of the amount of the water right that can be <br />changed to instream flow purposes." The draft report <br />covering this item is being presented at this time for <br />Board review and comment. <br /> <br />b. Presentation of a draft preliminary notice to the Board. <br />Accompanying this memorandum is the proposed draft <br />Preliminary Notice. <br /> <br />c. Preliminary Notice pursuant to Board procedures. <br /> <br />d. Final Notice pursuant to Board procedures. <br /> <br />The Board's decision on whether or not to accept the donation <br />will occur at the meeting at which action on the final notice is <br />taken. If the Board ultimately accepts the donation they will have <br />to make the findings required by CRS 37-92-102(3). Therefore, the <br />draft report also investigated the facts that would be required to <br />make those determinations. - <br /> <br />staff Reoort <br /> <br />Attached hereto is the draft staff report for the Boards <br />consideration. The report finds the following: <br /> <br />1) Reports and recommendations from state and Federal <br />agencies show a natural environment exists that can <br />be reasonably protected by acquiring the 300 CFS <br />donated right and changing it to instream flow in <br />the specified reach. <br /> <br />2) Water is physically available to the donated right <br />by virtue of the fact that an average of 912,000 AF <br />passed the gage below the tunnel annually between <br />1966 and 1986. <br /> <br />3) <br /> <br />Changing the donated right to instream flow will <br />not unreasonably foreclose the development of <br />future water projects by virtue of the fact that <br />current Reclamation policy is to maintain 300 CFS <br />in the Gunnison River below the Gunnison Tunnel <br />except during extreme drought or emergency. Given <br /> <br />2 <br />