WSP00769

• File Number: 8210.766
• Description: Gunnison River General Publications - Correspondence - Reports - Etc
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 3/1/1993
• Author: Unknown
• Title: Scoping Report for the Gunnison River Contract - Analysis Notebook - Section II - Comments by Item Codes
• Water Supply Pro - Doc Type: Report/Study

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Gunnison River Contract Sconin. - SORTED Comments

5.

GREENO+; p6,'2. Issue E. Protectioo of Gunnison Gor.e - The same values listed in Section C
above should be protected in the Bureau of Land Management's recommended Gunnison Gorge
Wilderness Area. Although the Bureau of Land Management claims no reserved water right, it is
required under the Federal Land Policy and Management Act and other statutes to protect
environmental and recreational values on public lands. The Colorado Water Conservation Board and
other state agencies aJso have obligat~ons to protect the public interest and environmental values in their
decision making.

5. NONFED75; p3,'I2. 6) Paragraph 5.e. is confusing. The 300 cfs minimum flow in the Black
Canyon below the Gunnison Tunnel is not intended to be met solely from direct flows as stated in the
proposed contract. Reclamation's stated operating principles for the Aspinall Unit acknowledge the
maintenance of a minimum flow of 300 cfs in the Black Canyon as a Federal responsibility. The
operating principles provide for this flow to be met through both direct flows and releases from storage.
in the Aspinall Unit" Reclamation has indicated that it anticipates continuing the practice of
guaranteeing a minimum flow of 300 cfs in the Black Canyon once the CWCB's instream flow water
right is in place. The purpose of the CWCB water right is to protect instream flows from diversion
below the Gunnison Tunnel. It would be contrary to the clearly expressed intention of the CWCB for it
to exercise its water right to callout juniors upstream of the Aspinall Unit so that the 300 cfs minimum
flow could be met solely from direct flows. The Black Canyon of the Gunnison National Monument
(BLCA) has a water right which i. still unquantified but may be administered with a 1933 date. Before
any "calls" can be issued by BLCA, the district court for Water Division 4 must quantify the BLCA
rights and issue a final decree. Bypasses of inflow, other than power operations, from Aspinall to
BLCA may be considered releases of storable inflow from Aspinall.

5.

UGRWCD; pl,'I5. 4. The Colorado Water Conservation Board (CWCB) should not be the only-
non-fedcral entity designated as a party to the contract. The UGRWCD has interests in the Aspinall
Unit as great as the CWCB and therefore should be included in any consultation involving Aspinall
Unit operations.

5. UGRWCD; pI, '16. 5. Issues surrounding the so-called 300,000 acre-foot designation of water to
the State of Colorado .should be resolved:
SA. The assumptions upon which the calculation of the marketable yield orthe Aspinall Unit
is based should be explained.
58. The 60,000 acre-feet of depletions committed to in connection with the subordination of
the water rights of the Aspinall Unit should be considered separately from the marketable
yield.
5C. Use of Aspinall water is limited to the natural basin of the Gunnison River.

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