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<br />.Gunnison River
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<br />10 list at the request of local or.
<br />ganizations such as High Country
<br />Citizens' Alliance, the Land and
<br />Water Fund of the Rockies and
<br />Trout Unlimited, They claim the
<br />.federal government failed to .as-
<br />sert.its rights for a ,substantial
<br />water right aimed at restoring the
<br />Black Canyon to a more natural
<br />state, with high spring and early
<br />summer flows.
<br />Instead, by agreeing to a mini-
<br />mum base flow (300 cubic feet
<br />per second) and allowing the
<br />state to dictate how much peak
<br />flow water is available, critics of
<br />the recent agreement say it is
<br />paving the way for transbasin
<br />water diversion.
<br />"Make no mistake about it, this
<br />deal is the first step by the state of
<br />Colorado to take water from the
<br />Gunnison River to meet growth
<br />and sprawl on the Front Range,"
<br />said Bruce Driver, executive di-
<br />rector of the Land and Water
<br />Fund of the Rockies, "The West
<br />Slope should view this deal with
<br />great alarm."
<br />"The Department of Interior is
<br />sacrificing the roar of the Gunni-
<br />son River through the Black
<br />Canyon for the roar of traffic
<br />through the Front Range," added
<br />American Rivers President Re-
<br />becca Wodder,
<br />The Black Canyon was estab-
<br />lished as a National Monument in
<br />1933, but the managing entity-
<br />the National Park Service - didn't
<br />immediately receive a water right.
<br />In 1978 the NPS obtained a water
<br />
<br />recognized the Park's water needs
<br />for scenic, aesthetic and environ-
<br />mental purposes.
<br />This right wasn't quantified,
<br />however, until last week's agree-
<br />ment between the Department of
<br />Interior, whiCh oversees the NPS,
<br />and the Colorado Department of
<br />Natural Resources.
<br />Critics say there should have
<br />been more teeth put into the
<br />.water right concerning the Park's
<br />peak fIo~ requirements. Since the
<br />installation of the three dams of
<br />the Aspinall Unit - Blue Mesa,
<br />Morrow Point and Crystal - the
<br />downstream Park has especially
<br />been lacking in the high spring
<br />flows that scour the canyon of
<br />vegetation and create' unique
<br />. habitat for aquatic species.
<br />Under the agreement, it's un-
<br />certain exactly what those spring
<br />releases will be. It s"iates that the
<br />Colorado Water Conservation
<br />Board will file for an in-stream
<br />flow right, with a 2003 priority
<br />date. However, this water will be
<br />available only after "present and
<br />future obligations" of the Aspinall
<br />Unit are met.
<br />Many fear that the "future obli.
<br />gations" portion of that agree-
<br />ment include trans basin
<br />diversion.
<br />"If we can't find the courage to
<br />protect a river flowing through a
<br />National 'Park, just what are we
<br />going to be willing to protect for
<br />our future generations?" asked
<br />Brett Swift of American Rivers.
<br />Swift and others also argue that
<br />
<br />that have yet to have their feder.
<br />al reserve water rights quantified.
<br />They fear this case may set a bad
<br />precedent.
<br />Not all concede that the Black
<br />Canyon agreement is a bad one,
<br />however. Local water attorney
<br />John McClow said last week he
<br />thought it was "the beginning" of
<br />a sound agreement. The federal
<br />and state officials who crafted it
<br />concluded that certain peak flow
<br />amounts could be "reasonably
<br />expected," including a high peak
<br />flow of 10,000 cfs through the
<br />Black Canyon three out of every
<br />26 years,
<br />Upper Gunnison River Water
<br />Conservancy District Manager
<br />Kathleen Curry said this week
<br />that to think the case is closed on
<br />
<br />Thursday, April.lO, 2003 Gunnison CountryTimes' 31
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<br />
<br />the Gunnison River is erroneous. '
<br />"As for the health of the river
<br />itself, people should also be
<br />thinking about the downstream
<br />demand for endangered fIsh," she
<br />said, "That's the 100 pound goril-
<br />la, more, so than the Black
<br />Canyon right will ever be, And
<br />quantifying that demand is a
<br />huge process that hasn't even
<br />started yet." ,
<br />As for the Black Canyon agree-
<br />ment giving the state of Colorado
<br />the green light to begin diverting
<br />Upper Gunnison Basin water to
<br />the Front Range, Curry has a
<br />mixed opinion.
<br />"I'd argue it doesn't give them
<br />the green light, but they clearly
<br />have _an objective," she said, "and
<br />that's to minimize downstream
<br />
<br />,demand and maximize the yield
<br />(out of the Aspinall Unit)," ,
<br />, Eric Eckl, tlte director of media
<br />affairs for American River.s, ~aid .
<br />the aim of the endangered rivers
<br />listing program is to call attention
<br />to problems before it is too late,
<br />Rivers are listed based on three
<br />criteria: that. they are of regional
<br />or national significance; that they
<br />are threatened in som~ way; and
<br />that the threat is imminent.
<br />"We look at rivers that are
<br />poised, or on the brink of taking
<br />a turn for the worse," he said.
<br />This years top-tanked endangered
<br />river ~ the Big Sunflower River in
<br />MississippL Two other Colorado
<br />'rivers'-,- the Rio Grande and South
<br />Platte - made the list.
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