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. . SYNOPSIS ,1,. ~ . Black Canyon of the Gunnison National Monument (Monument) is located downstream, -:~',Y ': . from the Wayne N. Aspinall Unit (Blue Mesa. Morrow Point. and Crystal Reservoirs)o' . .",> The Monument was established by Presidential Proclamation in 1933, prior to the .' " . construction of the Aspinall Unit. With the creation of the Monument. a Federal reserved water right was established to maintain the integrity of the area, The Colorado Supreme Court in 1982 also recognized this right and asked the Federal Government to quantify it. This reserved water right has never been quantified, The Aspinall Unit was authorized by Congress as a unit of the Colorado River Storage Project and constructed in the 1960's and 1970's. All releases of water from these reservoirs. with the exception of flows diverted through the intervening Gunnison Tunnel, flow through and affect the natural resources and recreational opportunities within the Monument and the Bureau of Land Management administered Gunnison Gorge Recreation Area immediately downstream from the Monument. The proposed ~.' water service contract would not quantify the Federal reserved water right. but it would establish a process to determine and guarantee the quantity of water which can annually, and seasonally, be delivered to the Monument and Gunnison Gorge from the Aspinall Unit. It may also set forth guidelines regarding the manner in which the releases would be made. The five (5) main goals of the contract include providing for the long term protection of: (1) Aspinall Unit water storage purposes (2) Resources of the Monument and associated recreation activities (3)Natural environment and recreational use of the Gunnison gorge (4) Colorado's ability to use water under its compact entitlements (5) Endangered fish species. ISSUES The companion issue of how the National Park Service will pursue the federal reserved water right, which is a property right, will not be resolved by this action. However. this action may assist in resolving the water right issue. Existing and proposed water developments upstream and downstream of the Monument may be impacted by this action, Junior rights above and below the Aspinall Unit must also be considered and possible impacts evaluated. Some existing rights may be strengthened by the proposed action, Meeting the legislative intent of the Aspinall Unit and the Black Canyon of the Gunnison National Monument must also be considered within 'the context of any agreement developed, Possible conflicts between each agency's legislation also need to be recognized, The US Fish and Wildlife Service is beginning studies of endangered fish and their needs within the Gunnison River. These studies may provide information on flows needed to sustain these fish which the agencies will need to recognize as part of this effort, Other issues that may need to be considered include the effects of the contract on recreation, fisheries. wetlands, flooding, and local economics. The role of the US Fish and Wildlife and possibly other agencies and organizations may need to be resolved during this process. 1 OUI007