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<br />0.-.3" <br />.),~ d <br /> <br />CONSERVATIONISTS' RESPONSE TO S.1029 <br />Page 3 <br /> <br />had appropriated prior rights to flows downstream of <br />the diversion. (~, Gunnison Tunnel) <br /> <br />b. Existing agricultural right is sold to a <br />municipality which uses the water all year round and <br />not just seasonally. <br /> <br />c. Potential for groundwater drilling outside of <br />wilderness causing significant impact on the <br />hydrologic regime in wilderness. <br /> <br />C. Downstream proposal -- Piedra Wilderness Area <br /> <br />1. Substitutes state instream flow program for federal <br />water right. Congress finds that USFS can "adequately <br />protect the water-related resources of the Piedra by <br />working in coordination with CWCB". There is no <br />factual basis for this finding. <br /> <br />2. State instream flow program is in fact an inadequate <br />mechanism for protection of national wilderness <br />values: <br /> <br />a. C.R.S. Section 37-92-102(3} mandates a balancing <br />between environmental protection and water <br />resource development -- "to protect the natural <br />environment to a reasonable degree"; the <br />Wilderness Act is nonimpairment standard. <br /> <br />b. State program is based on one aquatic value <br />maintenance of a cold water fishery. Wilderness is <br />designed to protect the full range of aquatic <br />values including wetlands and other water- <br />intensive life forms. <br /> <br />c. CWCB has a built in conflict of interest -- a dual <br />statutory goal of water project development and <br />maintenance of instrearn flows. The Piedra has <br />"numerous state-granted conditional and absolute <br />water rights" with development potential. <br /> <br />d. CWCB appropriates only uniform flows -- ~ 2 cfs <br />year round or flows with single annual variations <br />( a summer and winter flow number). There is no <br />attempt to approximate natural flow cycles. <br /> <br />e. The state program is a creation of the General <br />Assembly which is free to repeal or amend the <br />program. Where is the backup for protection of <br />federal resources if the legislatures changes the <br />program's mandate, cuts funding or any of a myriad <br />