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A BILL

Reservoir To authorize the modification of the John Martin Project, , in order to provide a permanent reser- voir pool for recreational and fish and wildlife purposes.

of Be it enacted by the Senate and House of Representatives

the 2 the United State's of in Congress assembled, That

3 John Martin Reservoir Project (formerly known as Caddao Reser-

voir), , Colorado, as authorized by the Act of

5 June 22, 1936 (49 Stat. 1570), is modified to authorize. the

6 Chief of Engineers, Army, to use not to exceed

10,000 acre-feet of reservoir flood control storage space for

8 the purpose of establishing and maintaining a permanent pool

9 for fish and wildlife and recreational purposes, at such times

T) 10 as storage space may not be available for such permanent pool

11 within the "conservation pool" as defined in Article III F, That: 12 Arkansas River Compact ( 3 Stat.iY5 ); Provided, however,

13 (a) The State of Colorado s11. purchase and make avail-

14 able any water rights necessary under state law to

15 establish and thereafter maintain the permanent pool.

to 16 (b) The rights of irrigators in Colorado and

17 those waters available to them under the terms of the

18 Arkansas River Compact shall not be diminished nor

19 impaired by anything contained in this Act.

20 (c) Nothing in this Act shall be construed so as to give

21 any preference to the permanent pool over other proj-

' 22 ect purposes.

23 (d) No permanent pool as herein defined shall be maintained

24 except upon written terms and conditions mutually accept- .

25 able and agreed to by the Chief of Engineers, United

26 States Army; the Colorado State Engineer; the Arkansas

27 River Compact Administration; and the Colorado Water

28 Conservation Board. , • • • ,

.01.11111.111011=1.11111101,

•ime.

te Nothing in this Act shall be construed so as to limit

• the authority of the Chief of Engineers, United States

3 Army, to operate John Martin Reservoir for the primary

purpose of the prevention of floods and the preserva-

tion .of life and property.

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(Draft - Colorado Water Conservation Board, August 15, 1963).

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• discuss the idea. The Bureau also published a book on the proposed winter storage plan that year. We diverted 103,602 acre feet that year.

THE FISHPOOL

When the creation of the John Martin Reservoir was being discussed, interested people from Kansas and Colorado both agreed that any attempt made to create a permanent pool of water would be self defeating. Any large permanent pool would suffer from severe evaporation losses. This theory pretty much prevailed until the early 1960's. Also the Pueblo Reservoir showed that when you have a permanent reservoir of water, the sediment drops down in the reservoir and you are left with clear water. When this clear water is run down the ditches a severe seepage problom develops because the silt which normally coats over the surface of the ditches is absent. The problem of the Bessemer seepage has been in all the newspapers, but the problem has affected all the ditches as far down as Rocky Ford. Because of seepage losses, a farmer gets less water to his farm, and then once it's there, it takes more water to get through the field. If a permanent pool was established at John Martin, the seepage problem would also make,it diffi- cult to get the water on down to Kansas and would affect all the Colorado farmers below the John Martin. Anyhow, it seemed that the arguments against creating a permanent pool were obvious to everyone. However, in August of 1965, Senator Gordon Allot warned us that the operating principles that they were developing for the John Martin would not protect the farmers from the creation of a permanent "fishpool" to be used for recreational purposes. I was on the Colorado Water Conservation Board for about eight years from the late 1950's to 1966. The Board also discussed the possibility of the Game and Fish Department creating a permanent pool at John Martin for a fish pond. I told them then, "You tell me where you're going to get the water and how you're going to run it, and then I'll tell you whether I agree with the idea or not." The Game and Fish Department decided to try to buy the 32 and 1/2 cubic second feet owned by the Las Animas Consolidated Ditch. I think, the state offered them around $350,000.00 for the water. Once the word got around that the Game and Fish was trying to buy the water, everyone got in the act. The Ditch made them an offer, but finally when the dust settled from the bidding, the city of Pueblo emerged the winner by bidding around a million dollars. This led to Pueblo's trade with the High Line Canal Company for the Busk-Ivanhoe water in 1966. In 1974 some of the big wheels in the state of Colorado went to Congress to get an authorization of ten thousand acre feet of storage for a permanent pool for fish in what was originally meant to be a flood control project. However, already in 1971, the rumor was out that the Game and Fish were after Catlin Canal water to make up for the evaporation losses that would be sustained by a permanent pool at John Martin. Naturally, this was not an idea I could agree with enthusiastically. First, I thought that such a purchase was illegal, because on the face of the Catlin Canal water certificates it clearly states: "To be used for agricultural and domestic water in Otero County". When the ditch had

65 March 30, 1960 THE FISHERY AND RECREATIONAL VALUE OF A PERMANENT CONSERVATION POOL FOR JOHN MARTIN RESERVOIR, BENT COUNTY, COLORADO

By T. M. Lynch

Introduction

The fishery and other recreational value of a potential permanent conser- vation pool for John Martin Reservoir, Bent County, Colorado, will vary greatly depending upon the volume of water stored for this purpose. A satisfactory con- servation pool would of necessity emphasize vertical depth. Safe survival and continued maintenance of adequate numbers of fish is directly dependent upon suitable depths . A minimum conservation pool depth of 10 vertical feet above the silt level upon a continuous basis is needed. This would require a reservation that silt deposition be compensated for by the annual addition of adequate water storage space.

Historical Information

On April 10, 1943, the United States Department of Interior, requested that a reservation of 10, 000 acre feet of storage space be made in John Martin (Caddoa) Reservoir. The Fish and "Wildlife Service was interested in the establishment of a migatory waterfowl refuge adjacent to the reservoir and desi .red a permanent conservation pool in the impoundment.

Early in 1947, the Colorado Game and Fish Department tried to negotiate for the establishment of a permanent pool in conjunction with a plan to develop the fishing and hunting potentials of the reservoir.

After the impoundment was drained dry in 1953, public indignation led to the introduction of Senate Bill 1316 on March 9, 1954. The purpose of this Bill was to have permanent conservation pool established in the reservoir by Congress, however no action was taken on the Bill.

After the reservoir was refilled, members of the Arkansas Valley Permanent Pool .Association presented several informal petitions to the Arkansas River Compact Commission in regard to establishment of a permanent pool.

In the fall of 1959, the reservoir was again drained dry and resulted in great public indignation. Moral Philosophy

In view of the fact that the general public paid for the construction of the impoundment and continues paying for it operation, it does not seem inappropriate that the general public receive some benefit and reward for their investment. The use which would serve the greatest number of people would occur through recreation use.

General Economy

Analysis of population figures, hunting and fishing license sales, boat registrations and other information indicates that nearly 50, 000 persons in a ten county area in the lower Arkansas Valley pursue outdoor recreation such as fishing, hunting and boating. Census information on hunters and fishermen shows that an average of 14, 325 people used the facilities at John Martin Reservoir annually. According to the National Survey of Hunting and Fishing, each fisherman spends $79. 49 and each hunter spends $91. 98 per year for gear, food, lodging and other supplies needed to maintain his sport. The business people of the Arkansas Valley receive in excess of a $1, 000, 000 from just those persons using John Martin Reservoir.

Fishery Values

During 1958 and 1959, a total of 182 yearling white bass and 696, 187 walleye fry were planted in John Martin Reservoir. At the time the fish were planted their value did not exceed $500. 00, however when the impoundment was drained in the fall of 1959, the value of the fish exceeded $25, 000. 00. The wall- eye ranged from 1 to 2 1/2 pounds each and most of the other fish exceeded one half pound each. Over 200 tons of carp were killed when the impoundment was drained.

In 1953, larger n:umbers of game and pan fish were lost when the reservoir was drained, their value exceeded $100, 000. 00.

Other Values

Waterfowl hunting is the prime sport in which hunters engage during the hunting season. Between 50, 000 to 100, 000 ducks and geese use the impoundment each year as a resting place. Hunters from all of eastern Colorado as well as from out-of-state are attracted to the area.

When adequate water storage is available in the reservoir, boaters and water skiers are attracted to the area. During one boating meet in 1958, nearly 10, 000 persons participated. Many boats have been purchased on the strength of a potential conservation pool for the reservoir. 4

Proposed 10,000 Acre Foot Conservation Pool

According to Mr. Roy Eckles, Garrie and Fish Commissioner of Lamar, Colorado, the reservation of 10,000 acre feet as a permanent conservation pool would provide a surface area of 1,519 acres with a maximum depth of 20 feet less the silt or 4 vertical feet of water. Since natural transpiration and evaporat- ion would rapidly reduce such a shallow depth, this conservation pool would not serve the purpose for which it is intended; The storage of 10,000 acre feet, could serve as an emergency poo1 for a three or four month period to hold the fish • until new water could be stored.

Low water levels that occur during the relatively warm weather periods are unsafe for fish survival. Shallow water areas are subjected to oxygen depletion both during the warm and cold weather periods. Over-winter survival of fish in shallow waters is seldom successful. 1,7t. hen fish are concentrated in limited areas of shallow water they are subjected to depletion through over-fishing, death due to parasite and disease infections and predation. Very few fish could be expected to survive from year to year in a .10,000 acre foot conservation pool even though it was maintained upon a permanent basis. Annual stocking would be necessary to maintain adequate fish crops.

Proposed 20,000 Acre Feet Conservation Pool

According to the information provided by Mr. Roy Eckles, this proposed conservation pool would have a surface area of 2,121 acres and a maximum depth of 26 feet less 15 to 16 feet of silt, leaving 10 vertical feet of water. This would provide an ideal conservation pool provided that the 10 vertical feet of water depth could be maintained upon a permanent basis above the silt level. However, if loss of space occurs as a result of continued silt deposition, the life span of this con- servation pool, insofar as a fishery is concerned, would not exceed 7 years.