WSP11191

• File Number: 8240.200.48.D.3
• Description: Wolford Mountain
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 3/12/1998
• Title: Wolford Mountain Biological Opinion and attached MOU
• Water Supply Pro - Doc Type: Biological Opinion

MOU") . Subsequent to the execution of the original MOU, the
following events or changes have occurred: (1) the razorback
sucker was listed as endangered; (2) critical habitat was
designated for the Colorado River fishes; (3) the River District
redesignated its Muddy Creek project as the "Wolford Mountain
Reservoir Project"; (4) the River District enlarged (through
administrative action) the capacity of Wolford Mountain Reservoir
by approximately 6,000 acre-feet; (5) the River District and the
City and County of Denver, acting by and through its Board of Water
Commissioners (Denver) modified the terms of their Lease Agreement
(described in subsection IVA below); and (6) the anticipated
average annual depletions of water from operation of the Project
consequently have changed from 7,716 acre-feet to 13,484 acre-feet.

The River District has decreed water storage rights for Wolford
Mountain Reservoir. The initial rights were decreed in Case No.
87CW283, District Court for Colorado Water Division No.5. Those
rights were made partially absolute and the remaining conditional
rights were continued in full force and effect in Water Court Case
No. 95CW251. The River District was awarded a Water Court decree
in Case No. 95CW281 for a conditional storage right for the 6,000
acre-feet Wolford Mountain Reservoir enlargement. Also, in
Consolidated Cases Civil Nos 2782, 5016 and 5017, united States
District Court for the District of Colorado and Water Court Case
No. 91CW252, Denver and the River District adjudicated a plan for
augmentation and substitution to implement their Lease Agreement.

II. Purpose:

The purpose of this MOU is three-fold: 1) to implement the
Reasonable and Prudent Alternative for Wolford Mountain Reservoir
Project, as modified as described above, to offset the likelihood
of jeopardy and adverse modification of critical habitat; 2) to
help alleviate the impacts of releases for the endangered fish and
other purposes releases to trout fishing in the Fryingpan River;
and 3) to coordinate releases from Wolford Mountain Reservoir,
Ruedi Reservoirs and other water sources to assist in providing
flows for the recovery of the endangered fishes.

Reclamation, the service, the Colorado Water Conservation Board,
and the River District have been working to ensure that flows for
endangered fish along with other releases from Ruedi Reservoir do
not adversely affect sportfishing in the Fryingpan River. Delivery
of water for the endangered fish and other contractors during
August-October does not impact sport fish but could potentially
impact sportfishing by limiting access and fishability of the
Fryingpan River below Ruedi Reservoir. This MOU represents a
commitment by the River District to participate in a coordination
process directed by the Service and Reclamation to provide flows
for the endangered Colorado River fish species to and through the
reach of the Colorado River from the Grand Valley Irrigation
company Diversion Dam downstream to the confluence of the Colorado
River with the Gunnison River (Subject Reach). coordination
meetings will be conducted as set as set forth in the Muddy Creek