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<br />C' . <br />" <br />r _ <br /> <br />" <br /> <br />4h and 5g of the bill which states that the designation of the Gunnison Gorge <br />Wilderness, Black Canyon of the Gunnison National Conservation Area and Black <br />Canyon of the Gunnison National Park shall not constitute a reservation of water, <br />water rights, or instream flows beyond the water right described in Section 6(c) of this <br />Act. <br /> <br />The Colorado Water Conservation Board is in the process of acquiring a state <br />instream flow water right which will protect the entire stream reach included in the <br />bill. The Nature Conservancy acquired the first 300 cfs of the 800 cfs conditional <br />Rabbit Gulch Canal Water right from the Pittsburg and Midway Coal Mining <br />Company and entered into an agreement with the Colorado Water ,Conservation <br />Board dated June 30, 1990. Under state law the Colorado Water Conservation Board <br />is the only entity capable of holding this type of instream flow. The Colorado Water <br />Conservation Board has formally accepted the 300 cfs donation from The Nature <br />Conservancy for conversion to instream flow. The Colorado Water Conservation <br />Board will initiate the change of water right application in water court as soon as <br />possible after receiving the deed from The Nature Conservancy. The change of water <br />right, when decreed, will assure a 300 cfs instream flow from the stream gage <br />immediately below the Gunnison Tunnel to the North Fork confluence, a distance of <br />approximately 28.9 miles. This change of water right will protect the minimum bypass <br />releases currently made pursuant to Reclamation policy from future appropriation <br />under Colorado water law. <br /> <br />In addition to The Nature Conservancy donation, the Colorado Water <br />Conservation Board is working with Reclamation, the National Park Service and <br />Bureau of Land Management on a contract that would provide flow amounts in the <br />Gunnison River below the tunnel greater than 300 cfs depending on the runoff <br />forecast. The U.S. Fish and Wildlife Service is participating in the contract discussions <br />too. It is important that the U.S. Fish and Wildlife Service become party to any <br />contract with the National Park Service and others so that Section 7 consultation on <br /> <br />3 <br />