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iii iiuiiiiiiiiiiii <br />999 <br />CHRONICLE 8 PILOT <br />crested Bune, CO <br />(Gunnison County) <br />Fri, 3,792 <br />COLORADO PRESS <br />CLIPPING SERVICE <br />. 303.571.5117 <br />Water for environmental protection <br />Sta~e accepts donated water rights on <br />Gunnison River for environment <br />A lengthy process to assure a <br />water supply for the Gunnison River <br />Gorge near Montrose was completed <br />Jest week. The Colorado Water <br />Conservation Board voted final <br />acceptance of a donated conditional <br />water right from The Nature <br />Conservancy for a minimum flow of <br />300 cfs. <br />The Black Canyon and <br />Gunnison River Gorge are among <br />Colorado's most spectacular natural <br />and recreational assets. Yet, this <br />portion of the Gunnison River had no <br />assurance of a water supply upon <br />which the river's trophy trout fishery <br />depends. <br />The issue now goes before <br />District Water Court in Montrose for a <br />final determination. <br />Three years ago, the PiHSburg <br />and Midway Coal Company, a <br />subsidiary of Chevron Corp., donated <br />to The Nature Conservancy a portion <br />of an undeveloped waterright drat the <br />coal company had planned to use for <br />its Gunnison Mine Project. The <br />Nature Conservancy offered to <br />donate the right to the State with the <br />stipulation that it be converted to an <br />instream 9oucrioht,.th?!-:^;~ieJy t`o <br />protect the natural environment along <br />the Gunnison River. <br />"'l;,e challenge before the board <br />was to establish a level playing field <br />for all those that might be affected by <br />its decision. On the one hand, we <br />wanted to protect current users of the <br />river and factor in future <br />development. On the other hand, we <br />also had to fulfill the State's <br />responsibility to acquire instream <br />Flow rights to protect natural <br />environments," said Water <br />Conservation Board President Bob <br />Jackson. <br />Colorado water law is based on <br />the doctrine of "prior appropriation," <br />which basically means that a water <br />diversion that is first in time is first in <br />right. In other words, a senior right is <br />of higher priority than a junior right. <br />The Nature Conservancy <br />donation provided the State with its <br />first opportunity to obtain a senior <br />water right Eor the instream flow <br />program. However, because the <br />Pittsburg and Midway Coal <br />Company had never developed the <br />water right, junior right holders were <br />concerned about the potential impact <br />on their water rights of changing the <br />coal company's right to instream flow <br />purposes. Concern was also raised <br />about the potential for future <br />development of Gunnison River <br />water. <br />For that reason, in addition to <br />seeking input from numerous state <br />and federal agencies to determine the <br />minimum stream Flow required to <br />prated the natural environment, the <br />board conducted a detailed analysis <br />of the water supply and met with all <br />other Gunnison River water users. <br />The study concluded that the <br />state could accept The Nature <br />Conservancy's donation without <br />impacting junior water rights while <br />also protecting reasonable future. <br />upstream water resource <br />development. <br />"The Nature Conservancy, <br />Gunnison River water users, Water <br />Conservation Board staff and many <br />other logl, state and federal agencies <br />spent a considerable amount of time <br />to ensure that the board's acceptanco <br />is the result of a thoughtful and <br />balanced process," said Water <br />Conservation Board Director David <br />Walker. "Bytaking thetime to identify <br />and respond to the many concerns, the <br />Statehasacted and will continue toad <br />reasonably with respell to acquisition <br />of instream Flows and responsibly <br />with respect to ensuring equity for <br />other users." <br />