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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />FAX: (303) 8664474 <br />www.cwcb.state.co.us <br />Bill Owens <br />Governor <br />Greg E. Walcher <br />Executive Director <br />Rod Kuharich <br />MEMORANDUM CWCB Director <br />Dan McAuliffe <br />Deputy Director <br />To: Colorado Water Conservation Board Members <br />From: Dan Merriman <br />Randy Seaholm <br />Mark Uppendahl <br />Greg Espegren <br />Date: May 5, 2003 <br />Re: Agenda Item 14, May 22 -23, 2003, Board Meeting — <br />Stream and Lake Protection — 2003 Gunnison River New Appropriation <br />Recommendation - Water Division 4 — Montrose & Delta Counties <br />GENERAL BACKGROUND <br />The stream segment being proposed is for the Gunnison River from below the Gunnison Diversion <br />Dam through the Black Canyon to the confluence with the North Fork of the Gunnison River. This <br />segment is located in Water Division 4 (Gunnison River Basin) in Montrose and Delta Counties. <br />Staff will present information regarding this segment to the Board and will recommend that the <br />Board declare its intent to appropriate. This instream flow recommendation partially implements the <br />April 2, 2003 Black Canyon Agreement between the State of Colorado and the Department of the <br />Interior, including the Bureau of Reclamation (BR) and National Park Service (NPS) (see attached <br />Agreement). The Agreement requires the CWCB to file a water court application for the above <br />segment in 2003. To accomplish this, the CWCB must deviate from the annual schedule set forth in <br />Rule 5.20. Rule 5.20 authorizes the CWCB to modify the annual schedule as it deems appropriate. <br />Staff recommends that the Board modify the schedule set forth in Rule 5.20, to the schedule set forth <br />in the attached "Proposed Schedule for the CWCB Appropriation of Gunnison ISF ". This proposed <br />expedited schedule will enable the CWCB to file a water rights application in 2003. Staff has <br />provided notice to the Division 4 Instream Flow Subscription Mailing List and posted the notice on <br />the Board's website. In addition, staff has held several meetings with Water Division 4 water users <br />on the NPS reserved water rights claim and the proposed Instream Flow Appropriation. <br />Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection <br />Water Supply Protection • Conservation and Drought Planning <br />