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. ~ . blcaqsastxt.txt . POTENTIAL QUESTIONS RAISED BY FILING A CLAIM Ql: When did United States file a claim for the Black Canyon of the Gunnison National Park? Al: January lS, 2001. Q2: What did the United States file? A2: The United States plans to file two motions. The first is the motion filed on January 18, 2001. This motion asks the Court t o make absolute the water rights for the National Park, which was e stablished originally in 1933 as a national monument under the Anti quities Act. The motion is a claim for the quantification of the 1 933 priority water right that has already been recognized in 1978 b y the Master-Referee of the Colorado Water Court in the State water adjudication. After the objection filing period is concluded, a s econd motion will be filed. This motion will ask the court to stay any further litigation-related activities until after the United S tates and objectors have an opportunity to attempt to negotiate a r esolution of the objections. The United States is optimistic that through this negotiation process, the water rights for the National Park may be resolved without resorting to costly and time consumin g litigation. As noted in the 1978 report of the Master-Referee, the purposes of the Park's water right are to: "Insure the continued nutrition, gro wth, conservation, and reproduction of those species of fish 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 exi sting on the applicable reservation dates or to preserve those cond itions which are thereafter caused to exist." The claim sets the following quantification parameters: a year-roun d minimum flow of 300 cfs; a May 1 to July 25 minimum flow ranging from 200 cfs to 3,350 cfs, depending upon the amount of forecast ru noff; and a one day peak flow to occur between May 1 and June 30 wi th a magnitude similar to that of the pre-dam era and daily ramping rate limitations equal to the greater of 500 cfs or 10% on the ris ing limb and the greater of 400 cfs or 10% on the falling limb. The claim will also set forth limitations on how the Secretary of t he Interior will exercise the water right claimed. Specifically, t he claim will note: "The United States recognizes that exercising t he right to peak flows described in this claim will require careful consideration of numerous factors, including the structural capaci Page 1 tl026~2: