BOARD02312

• Board Meeting Date: 11/19/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Protection Study and Environmental Impact Statement for the Curecanti National Recreation Area (CNRA-
RPS and EIS). The purpose of the study is to assess the natural, cultural and scenic resource value and
character of the land within and surrounding CNRA and to identify practicable alternatives that protect those
values and characteristics. CWCB staff and others expressed concern that the CNRA-RPS and EIS not result
in actions that would alter the CUlTent management philosophy and impair the ability of Colorado water users
to develop Colorado's compact apportionment. The CNRA-RPS needs to consider that up to 300,000 acre-
feet of water may ultimately be developed out of the Aspinall Unit for beneficial consumptive uses in
Colorado, Furthermore, consistent with the MOA establishing the CNRA, alternatives can not impair the
operating agreements or contracts that may subsequently entered into as a result of the ongoing discussions
in these other areas.

Finally, the CNRA-RPS should not result in recommendations that impair the ability of the Uncompahgre
Valley Water Users Association to use, operate, access and maintain the Uncompahgre Project (Gunnison
tunnel and diversion dam) that has been in existence since 1912. We believe it is extremely important to
balance the water needs of the CNRA with the water needs ofthe Black Canyon of the Gunnison National
Park and the Recovery Program, as all are vitally important to the local economy.

Biological Opinions for the Dolores and Dallas Creek Projects

The June 9, 1980 Biological Opinion (BO) for the Dolores Project indicates the Project would deplete
131,000 acre-feet in an average year. The projected depletions at full build out will only be 81,000 acre-feet.
This will increase slightly with the new carriage contract. Thus, the BO is attempting to charge Colorado for
approximately 50,000 acre-feet of depletion that will not occur. The 1980 BO from the USFWS states, the
only alternative to avoid jeopardy, "is the release of water from the DoloresProject, or from other projects
that regulate flows in the Colorado River, to revlace the devletions caused by the Dolores Project. '" To
compensate for this loss of water to the river, it mav be necessary that an equal volume be released to the
Colorado River from one or more projects. .,. our studies may reveal that flow releases totaling less than
131,000 acre-feet annually are adequate for the fishes to survive in the area and in the numbers that we
believe necessary for recovery. When our Colorado River Fisheries Investigation (CRFI) is complete, we
will recommend flows for specific habitat areas of the Colorado River in order to promote conservation of
the species." The specific projects have never been identified, although the assumption has always been
Aspinall. It is therefore fairly clear that some if not all of this obligation will be satisfied via Aspinall re-
operations to meet the flow recommendations, and that no "pool" is specifically reserved in the Aspinall Unit
for use to offset depletions from the Dolores Project. Ifre-operation of the Aspinall Unit meets flow
recommendations on the Gunnison River and re-operation of the Navajo Unit meets flow recommendations
on the San Juan River there is no need for a pool to offset Dolores Project depletions. This would be similar
to the final outcome for the Green River below Flaming Gorge Reservoir.

It has been Colorado's position that the water that would go towards satisfaction of the flow
recommendations or to offset depletions from any project is water that Colorado would not be entitled to
develop under the Colorado and Upper Colorado River Compacts. As a result, there would be no reduction
in the amount of water available to Colorado for development under the Compacts do these mitigatioI!. _
measures (one depletion charge, not two). The only potential effect ofthe mitigation measures may be to
limit the remaining amounts or times at which additional water development could occur in a particular
basin.

The Dallas Creek Project depIctions are of a similar nature. Total depletions from the Dallas Creek Project
will be 17,000 acre-feet per year at build out in an average year,

Redlands Fish Passage

A contract is in place to assure that there is 300 cfs in the Gunnison River below the Redlands fish passage
during July, August, September and October. The contract assures that additional water will be released

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