FEATURE ARTICLE

February 2009

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Colorado Water Court Finalizes Reserved Water Right Decree for the Black Canyon of the Gunnison National Park

On January 8, 2009, the Water Court for Water Division 4 entered the final decree quantifying the federal reserved water right for the Black Canyon of the Gunnison National Park (Black Canyon). Concerning the Application for Water Rights of the U.S. of America in Montrose County, Colorado, Case No. 01CW05, Water Division 4. The United States initially filed for the water right over 30 years ago, and the surrounding litigation included both Colorado and U.S. Supreme Court opinions. The decree confirms a year-round base flow through the Black Canyon of 300 cubic feet of water per second (cfs), with seasonal peak and shoulder flows intended to mimic natural stream flow variation, which depend on water availability. The parties to the case are lauding the decision as permanent protection for instream and recreational water flows through the park, while accommodating existing Gunnison River water rights.