BOARD02588

• Board Meeting Date: 5/24/1999
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

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Forest Service Reserved Rights Meeting: CWCB staff were scheduled to meet with
U.S. Forest Service officials on May 14 to discuss the reserved rights issues in Water District 2.
The Forest Service canceled the meeting at the last minute without explaining why, and no new
date has been set. A copy of the USFS notice of cancellation is included in your materials for
Executive Session (Agenda Item #5(b)).

Federal Non-Tribal Claims to Water: The Western States Water Council (WSWC)
recently produced a summary of state reports concerning federal efforts over the years to acquire
water without following state water laws. This report, which includes each of the state
responses, summarizes the pattern of congressional deference to state laws for water resource
allocation and several federal agencies' pattern of seeking water through their own permitting
and reservoir decision processes,

Colorado's experience with the US Forest Service and the renewal ofland use approvals
for water facilities along the Front Range is not unique, The state of Oregon has had difficulty
with the Bureau of Reclamation concerning operation of the Klamath Project. The Bureau
claims authority to manage that project consistent with "all its obligations," including ESA
requirements, even though the authorizing statute and the notice filed with the state indicated that
irrigation was the purpose for which the project was to be constructed. Oregon expresses the
view that the proper mechanism for resolving the rights of water users and the need for fisheries
is the ongoing Klamath basin adjudication. Apparently, the federal government has filed
hundreds of claims in that adjudication but continues to assert its independent policy-based
judgment as to the allocation of waters regulated by the project.

Given the recent change in federal position we have witnessed during our efforts to work
with the Forest Service to reconcile its reserved rights claims in Divisions II, III and VII, I
recommend this report as good background for future strategic planning.

Arkansas River Basin

Water Quality Consultation: On May 3 our staff and Colorado Water Quality Control
Division (WQCD) staff met to discuss a DOW proposal to upgrade the aquatic life classifications
for two stream segments in the Lower Arkansas River. As a result of the meeting, the State
Engineer and I sent a letter (copy attached) to the WQCD asking for language to be added to any
Statement of Basis and Purpose the Water Quality Control Commission (WQCC) might adopt
during its rulemaking hearing on May 10. We specifically asked for a clarification that the
reclassification from aquatic life water class 2 to class 1 and the subsequent revisions to the
water quality standard are not dependent on any particular flow regime and will not be used to
limit the exercise of water rights, including exchanges. The letter also underscores that existing
state law prohibits the use of a stream classification to supersede, abrogate, or impair rights to
divert water and apply it to beneficial uses and or to cause material injury to water rights.

Arkansas RiverForum: On April 25, our staff attended the annual Arkansas River
Basin Water Forum in Canon City. The topics discussed included the BLM's nearly complete
Water Needs Assessment (produced pursuant to an MOU signed by the state and federal
government as the result oflitigation six years ago), the Politics of Water (a Dick Bratton
presentation), Trout Creek reclamation efforts, several perspectives regarding the Water Storage
Assessment, local history and watershed planning efforts. It was an excellent program, although
attendance was limited by snowy roads.

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