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Last modified
1/26/2010 12:50:42 PM
Creation date
10/11/2006 11:46:38 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8062
Description
Federal Water Rights
State
CO
Basin
Statewide
Date
1/1/1987
Author
Unknown
Title
744 Pacific Reporter-2D Series - Excerpt - US Vs Jesse
Water Supply Pro - Doc Type
Publication
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<br />-. <br /> <br />17Q4 <br /> <br />~.. .. . , <br /> <br />'. .._ _._~ c <br /> <br />- .~,,;.. . ~, .. <br /> <br />o.! <br />rill <br />.a. <br />~nt <br /> <br />u.s. Y. JESSE Colo. 499 <br />CUe .744 ..2.1 49. (Cola. 1917) <br />Ilo fiter eour( granUd the motion for issue of reserved water rights to maintain <br />~ judgment, and concluded that the instream water flows had been determined <br />_teD8Dce because the COUrt iDdicaltd that . rcsuh of significant lone-term. .stream flow <br />fIberies maintenance was DOl considered a reductions include: <br />primUY purpose of the National Forests. a. Accelerated delivery of channel iedi- <br />llqiDJlina: in Iatc 1980. and in conjunction ment aDd channel bank erosion. <br />I'ilh IP adjudication in the Big Horn Basin in b. Reduced channel c.pacity due to sedj. <br />W,.min& [the United States Fo..... s..v;"'1 ment deposition. <br />II:pn to formulate. proc:edurc and melhod- c. l.a1ermittcnt or subten'1lnCaD. flow as a <br />'*cY for assessiDg the quantity, I'aIlgC. and result of channel agradBtion. which can re- <br />aming of stream flows necessary for main- sult in reduced availability of surface water <br />lliainl the iategrity and stability of stream during low flow periods. . <br />dllnDcls. Until this time. we bad assumed d. Latera.I movement of the c:ha.nnel and <br />dill a fisheries maintenance flow would also flood plain encroachment. <br />ICCOmplish most of the channel maintenance c. Accelerated erosion of lands adjacent to <br />fuDction. the strcaI1\, with attendant incn:.a.scs in sed.i- <br />['Ibe United States Forest Service] c:onclud. ment supplies. <br />cd thai iPStream flow l"aIu.iremcnts for cban. f. Enaoacb.ment of riparian vegetation <br />DCI maintenance must be based 00 fundamen- into the channel area. with subsequenl reduc- <br />III principles of fluvial geomorphology which tions in channel capacity. <br />IIold thal natural stream channels are formed I. An inCl'ea$e in flood impacts or damage <br />md maintained by frequently recurrina flows resultins from transmission of flood flows as <br />rJ Wiler and sedimenL Consequently, if such well as flow, of a lower IJl8ID.itudc. Thus, <br />Bows are DOl available on a frequent basis, flows thal previously would have been re- <br />(be natural equilibrium of the channel system tained within the stream banks would, under <br />will be changed. with . rauhing Joss in the the reduced channel capacity, become flood <br />flows. <br />capacity of the channels to ClllT)' albscquent <br />flows of equal or greater magnitude. This led h. An increase in sediment deposition with. <br />ItS to conclude thal insrrmm flows are reo in the containment areas of water storage and <br />fIliml to rruWrtain IN fI/I.tJlrtd du2nneb in a diversion facilities, resulting in accelerated <br />.te of rcIIJtiw equilibrium in order to deliver loss of water storage capacity in reservoirs <br />IIIJer to IN ultiwuzu user IUI.tkr favorahle and increased mainlcIWlce of headgates and <br />ditches.. <br />mrulitiom. 1be bases for this conclusion an: Tbe maiDlenance of iDstream flows within <br />outlined in the paragraphs that follow. the national forests in Water Division No.2 <br />Sediment movement or transpon by stream would, in nre instances, if at all, cunail the <br />~n~S~ ~? ~e:n~~ :=~o:o~ni~ operation of existing water uses and develop- <br />ments. It is nol our intent to use such in. <br />essential to maintaining the balance of equi- stream flows to reverse the development of <br />librium Of the totaJ waler delivery system. present channel conditions that exist below <br />FoUowiDa: a significant reduction in the natu. established facilities. Nor do we intend that <br />rally occurring rmIIe of Itream flOW5, stream all such impacted or aJtered channels should <br />channels dOwnslream of the point of flow be considered necessarily unsatisfactory. We <br />rafuction begin a process of alteration which do believe that. in some cascs. adverse chao. <br />WlI1 be described as a sublle process of insta- Del conditions exist. or may yel develop into <br />bWly. In genera.l tenns, sodiment from side problem situations. which may well be avoid. <br />drainqres which prmously was tTansponed ed in Ihe future, to the benefit of both the <br />through the syslem. DOW begins to accumulate waler user and the natural delivery system. <br />within the main channel, resulting in a grad- Generally, instream flow qualification. points <br />ual elevation of the origiuJ cbannel bottom would be located above c:xistins significant <br />or reduction in origiDaJ channel capacity. points of diversion, and, as such. we believe <br />When high flows do return to the oriJinal the application of insInam flow,requirements <br />c:hannc:1 system aD an infrequent basis, they on and within the Natioul Forest would Mve <br />may I1lC.lYe IOme of the accumulated sediment; Iinle, if any. affect on the existing system of <br />but moct remains., with the result that thf: now water uses and development. <br />ele\'ll&ed flows .ttempt to reeslBblish the origi. One of the primary purposes of . National <br />naI channel capacity, workins apin.sc former. Forest is to provide wate for beneficial use <br />Iy stable sicfe..slope materials. The end resuh by pri....tc and public users. Tbe provision of <br />O\Ier time is instability chantc1erized by signif. water for beneficial use from a National For- <br />icant on-she disturbaDoe wilhin various reach. . est under f.vorable conditions depends upon <br />a of the cbaa..Dd and accelerated sediment the continued intelrity aDd efficienl function. <br />delivery to the d0WD5tream reaches of the ing of the n.atural stream cbanne.I conveyance <br />I)'SICID. Of major conccrn is thar once these system. <br />WlStable processes are initiated. they are sel- An in.stream flow is DOnconsumplive. It <br />dam reversible. IrI"YeS to maintain the stream channel deliv- <br />Some specific responses or unfavorable ery systems so that water can be delivered to <br />conditions that can be expected to dcYelop as appropriaton under f.\'Orable conditions. <br /> <br /> <br />,!," <br /> <br />~ <br />If <br />'If <br /> <br />> <br />,. <br /> <br />. <br /> <br /> <br />< <br />~: <br /> <br />
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