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. . \ I Black Canyon of the Gunnison National Park Reserved Water Ril!ht t!:H e r Prepared by Colorado Water Conservation Board ~ff' April 4, 2001 0f6'0> I~I"" so?! The United States National Park Service (NPS) applied for water rights for the Black Canyon of ~~",n \ the Gunnison National Monument in case number W-437, Water Division 4 in December 1971. ~ II f\Q"~' On March 6, 1978 an interlocutory decree was entered in the case granting the NPS among other po things a conditional reserved water right for instream flow purposes on the Gunnison River. This decree was upheld in USA v Denver (79SA99 and 79SAIOO) on November 29, 1982. The Monument became a National Park in 1999 with the Act specifically excluding the addition of any new water rights. The priority date for the decreed conditional instream flow right is March 2, 1933. On January 17, 2001 the NPS filed in Division 4 Water Court, the quantification application to make absolute the conditional instream flow water right decreed in case number W- 437. The quantification application seeks the following: . Priority Date: March 2, 1933 (As per decree in W-437) . Base Flows: From July 25 to May 1 of the following year of 300 cfs . Shoulder Flows: May 1 through July 25, determined on a yearly basis by equation in the application based on forecasted inflow to Blue Mesa Reservoir . Peak Flow: One day between May I and June 30, determined on a yearly basis by equation in the application based on forecasted inflow to Blue Mesa. . Daily flow rate changes during the shoulder and peak period are regulated by the Aspinall Unit and limited to 500 cfs\day up ramp and 250 cfs\day down ramp. . Uses previously decreed: "Insure the continued nutrition, growth, conservation and reproduction of those species of fish which inhabited such waters on 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." . Location - The Gunnison River within Black Canyon of the Gunnison National Park, (See attached basin map). NPS argues that the baseflow of 300 cfs is necessary to protect the gold medal trout fishery that has developed. The shoulder flows ramping up to and down from the peak and the peak flow are necessary to preserve the natural conditions of the canyon by scouring away debris flows tributary to the river and preventing vegetative encroachment on the channel. Other Federal Proiects or Actions 1. The Gunnison Tunnel was constructed by the U.S. Bureau of Reclamation (Reclamation) in 1909. The Gunnison Tunnel is operated pursuant to a 1904 water right held by Reclamation for the use and benefit of the Uncompahgre Project. The Uncompahgre Project supplies irrigation water to approximately 80,000 acres as well as raw water to several municipal water suppliers in the Delta-Montrose area. 2. Reclamation also constructed Taylor Park Reservoir (106,000 AF) in 1935 to provide additional water for the use and benefit of the Uncompahgre Project. 3. In the 1960's and 70's, Reclamation, pursuant to the 1956 Colorado River Storage Project Act, constructed the Aspinall Unit (Blue Mesa, Morrow Point, Crystal with capacities of 940,755 AF, 170,190 AF and 25,273 AF respectively) immediately upstream of the Park. The Aspinall Unit is a primary unit of the Colorado River Storage Project and important not 002719