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Last modified
1/26/2010 12:37:54 PM
Creation date
10/11/2006 11:15:15 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8240.200.30.B
Description
UCRBRIP
Basin
Colorado Mainstem
Date
8/1/1994
Author
CWCB
Title
Draft Issues Document for the Appropriation of Instream Flows by the Colorado Water Conservaiton Board for the Recovery of Endangered Fish Species of the Upper Colorado and San Juan River Basin
Water Supply Pro - Doc Type
Publication
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<br />e <br /> <br />e <br /> <br />e <br /> <br />WATER RIGHTS PRIORITY APPROACH <br /> <br />The Water Rights Priority approach is outlined in the Board's "Plan of Study" document, dated <br />March 17, 1994. The Board staff believes this approach is very defensible based on Judge <br />Brown's decision in the Taylor Park Refill case (upheld in the Supreme Court). However, it <br />results in many water rights being identified as potentially undevelopable without certain senior <br />rights being bought out or abandoned. Subsequently this approach has not highly regarded with <br />the water community, and is perceived by many as making it more difficult for development of <br />a large project. <br /> <br />While this process is fairly objective in that it relies on the Water Right Tabulation, it is <br />subjective in how the consumptive use of each right is determined. Most of the senior rights <br />exist in the Colorado River mainstem and San Juan River, while the majority of the undeveloped <br />(not to be confused with unappropriated) water supplies are in the Gunnison and Yampa Rivers. <br /> <br />DEMAND APPROACH <br /> <br />The water demand approach does not look at water rights or the priority system, rather it looks <br />at potential future water needs. These water needs or demands are derived by forecasting future <br />activities, estimating the water requirements for those activities, and reviewing potential water <br />projects that would be able to meet those needs in each subbasin. The estimated demands are <br />independent of any water right considerations and therefore no water rights are specifically <br />attached to any demand. This eliminates many of the concerns water users have with the priority <br />approach and subsequent diligence proceedings on their conditional water rights. This approach <br />might consist of the following steps: <br /> <br />1. <br /> <br />Board staff could provide each committee with information from a set of reports prepared <br />for the Board by Clifford Jex in the early 1960's along with the current Colorado River <br />depletion schedule. The Jex reports, while old, attempted to identify an ultimate level of <br />consumptive use from each subbasin. <br />Using this information as a starting point, each committee could then identify specific points <br />on the.stream at which demands would be determined. Disaggregating and updating this <br />information using data from more recent reports such as the Yampa study and the Gunnison <br />Phase I study could then be done. Factors such annual yield, water quality, compacts, and <br />other environmental concerns could be considered along with new uses. <br />Once an estimate of the ultimate level of depletions has been determined, then the present <br />water demand is subtracted to get an estimate of the future water development projection. <br />Included in the future water development projection would be any reasonably foreseeable <br />demands. <br />These future demands would then be compared to gaged streamflows and instream flow <br />appropriation recommendations developed. <br />Careful consideration and documentation would be required throughout this process so that <br />the end product would be defensible in water court. <br /> <br />2. <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />14 <br /> <br />COW 0385 ) <br />
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