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,. J~Wi f:;,:i.t{;: ~', ..';,.. f<~"..:; .'" nrj~ "03. UI .:..,):.,1. Gunnison River Contract Sconin2 - SORTED Comments 3b. COLO_SPR; p2.#5. It appears premature to proceed with the Contract before the federal reserved water right for the Monument is adjudicated and tbe need for the Contract in view of that adjudication is finally determined. Why are the parties proceeding in this fashion? 3b. CRWCD; pl,12. 1. The River District sbares the concern expressed by the public that this process is proceeding without a "focal paine in the form. of a suggested operation scenario or recommended bydrograpby for the Black Canyon of the Gunnison National Monument (BNM). NPS bas bad years to study and form opinions concerning the needs of BCNM for the purpose of quantifying its Federal water rigbt, but no disclosure of the NPS findings bas been made prior to or during this scoping process. If the purpose of this contract is to supply NPS witb sufficient water to satisfy tbe needs of BCNM, NPS must disclose its draft report containing tbat information. 3b. CWCB; pl,16. 5) Quantification of the federal reserved water right for .the Monument awarded to the United States by the Division 4 Water Court but not yet quantified. 3b. GREENO+; pI3,12. (Issue N. Enforcement of Contract, cont) 4) Will the contract be tbe basis for a consent degree settling the adjudication issue? If not, bow would a future adjudication affect the contract? 3b. GREENO+; p3.,13.- Issue A Monument Reserved Water Ri2bt - The relationship between the proposed contract and adjudication of the Monument's reserved water right must be made clear and water deliveries under the contract must fulfill the terms of tbe reserved water right. The Colorado Water Conservation Board wants the contract to serve as a vehicle for "resolution of the Monument reserved water rigbt claims filed by the NPS in court" (Public information Packet, April 1992). IF the contract is intended as an alternative to adjudication (possibly through a consent decree), then tbe negotiating agencies need to give especially careful consideration to the requirements of the reserved water rigbt. 3b. GREENO+; p3.14. (Issue A. Monument Reserved Water Rigbt, cont) The purposes of tbe reserved rigbt are not limited to those identified in the 1933 national monument proclamation or tbose identified in the 1933 national monument proclamation or those identified in the Antiquities Act. They also include the "fundamental purpose" of national parks and monuments stated in the National Park System Organize Act: p3,15 ... to conserve the scenery and tbe natural and historic objects and the wildlife therein and to provide for the enjoyment o(same in sucb manner and by sucb means as will leave them unimpaired for the enjoyment of future generations. (39 Slat. 535) 3b. GREENO+; p4,11. (Issue A. Monument Reserved Water Rigbt, cont) The purposes (of the reserved right) stated in the proclamation aTe similarly expansive: "for the preservation of the spectacular gorges and additional features of scenic, scientific, and educational interest" (47 Stat. 2558). 3b. GREENO+; p4,12. (Issue A. Monument Reserved Water Rigbt, cont) Satisfaction of tbe Organic Act and proclamation purposes requires more than a "minimum flow." The Monument reserved water rigbt can only be satisfied by variable flows: higb base flows and large peak discbarges in spring and summer and low base flows in late fall and winter with a range of conditions over dry, average, and wet years. Fulfillment of these requirements requires changes in release schedules from the Aspinall Unit and prevention of substantial new upstream diversions or depletions. 10