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<br />II <br />I <br />I <br />I <br />I <br />I <br />1/ <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />II <br />I <br />I <br />I <br />I <br /> <br />by the committee members. In addition, The Nature Conservancy has proposed to <br />donate a 300 cfs conditional water right to the CWCB to be used for instream <br />flow purposes in that stream reach. Since the magnitude of this water right <br />was not decided at the time of model development, discussions were held with <br />the Technical Steering Committee and the Advisory Committee, and it was <br />decided to adopt a year-round minimum flow of 300 cfs as the baseline instream <br />flow regime for inclusion in the model. Furthermore, it was decided that for <br />the purposes of this study only, this minimum flow would be supported by <br />releases from storage in Blue Mesa Reservoir. The releases from the Blue Mesa <br />Reservoir were modeled in a manner that the releases would meet both the <br />seni or Gunni son Tunnel decree requi rements and the 300 cfs i nstream flows <br />value as long as the Blue Mesa Reservoir level is above the minimum power pool <br />It was assumed that the releases would be made with a priority date equal to <br />the conditional water right that The Nature Conservancy is presently (1989) <br />negotiating to donate to the CWCB, which is 1965. This assumption results in <br />protecting the minimum streamflow release against potential diversions by <br />downstream conditional water rights including the Mitex 1982 conditional <br />hydropower decree. Thi s model i ng assumption was sel ected for the foll owi ng <br />reasons: 1) it reflects the manner in which the river would actually be <br />administered downstream of the Aspinall Unit in the absence of an agreement <br />between competing water interests or a ruling permitting the Federal <br />government to retain dominion over releases made for instream flow purposes; <br />and 2) it quantifies the maximum effect such releases would have on Blue Mesa <br />storage. It should be noted that this was a model ing assumption only and as <br />such has no legal implications. Resolution of this issue must be obtained <br />outs i de of the study through appropri ate negoti at ions and 1 ega 1 proceedi ngs. <br />The assumptions made in this study can not be construed as being legally <br />binding on any affected parties including the USBR, the UVWUA, the CWCB, or <br />The Nature Conservancy. <br /> <br />The U.S. Fish and Wildlife Service (USFWS) is in the process, with the <br />cooperation of a number of other entities, of addressing the flow requirements <br />for endangered fish species in the Westwater Canyon area of the Colorado River <br />downstream of its confluence with the Gunnison River. These flows are <br /> <br />3-7 <br />