NPS Black Canyon Res Rt 4-01CW05

• Case Number: 92CW0107
• Stream Name: Gunnison River
• Watershed: Gunnison River
• Water Division: 4
• Water District: 62
• County: Delta
• Instream Flow Acq - Doc Type: Related Cases

I
I
I
I

i'
I

".

."

.

B. Location: The Gunnison River on lands reserved by Presidential Proclamation on March 2,
1933. (See Attachment A to the United States' initial application for legal description).

. C. Source: . Gunnison River

D. Priority Date: March 2, 1933 .

E. Amount: unquantified, conditional .

. .
F. Use: As decreed ill the Partial Master-Referee Report Covering All of the Claims of the
United States of America (pages 647-648) adopted by the Court in the order issued entered
March 6, 1978 (pages 3) 1-14) and the interlocutory decree of October 2, 1978, the uses include
. to "Insure the continued nutrition, growth, conservation, and reproduction of those species offish
whichinhiibited such waters on the applicable reservation dates, or those species offish which are
thereafter introduced" and to "Attain and preserve the recreational, scenic, and aesthetic
conditions existing on the applicable reservation dates or to preserve those conditions which are
thereafter caused to exist." . .

4. Explanation of quantification: The year-round base flow of300 cubic feet per second (cfs)
ensures survival of fish and other aquatic life, precludes vegetation establishment in the active channel,
and provides and enhances the aesthetic character of the river and canyon. A flow of 300 cfs provides
favorable habitat conditions for virtually every life stage of rainbow and brown trout. The United States
is also seeking to obtain additional water for the Park under Colorado law.

5. Water applied to beneficial use:

A. Dat~: Not applicable toa federal reserved right because federal reserved rights a1'e "present'
perfected rights." Arizona v. California. 373 U.S. 546, 600 (1963). Reasonable diligence is not
. applicable to federa1reserved rights. United States v. Denver. 656 P.2d I, 34 (Colo. 1983). The
reservation date of March 2, 1933 for the lands on which the Gunnison River is found is the date
water was applied to beneficial use: .

. B. Amount: 300 cfs or natural inflow, whichever is less.

," . .
C. Use: The claimed flow has been Used to "Insure the contiD.ued nutrition, growth,. .
conservation, and reproduction' of those species offish which inhabited such waterS on the
. applicable reservation dates, or those species of fish which are thereafter introduced" and to . .
"Attain and preserve the recreational, scenic, and aesthetic conditions existing on the applicable
reservation dates or to preserve those conditions which are thereafter caused to exist."

.., .
D. Description of Place of Use: The GllIlllison River on lands reserved by Presidential
. Proclamation on March 2, 1933. (See Attachment A to the United States' initial application for
legal description).

. .,.'
. . .
. .
"... ..
. .
. . . . .
. UNITED STATES' FIRST AMENDED QUANTIFICATION

'. . Page 2