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DRAFT 3 2. Through short-term and/or long-term agreements developed in cooperation with the Service and CWCB, Reclamation will make up to 21,650 af of Ruedi Reservoir water available to the Upper Colorado River Endangered Fish Recovery Program for up to a total of 15 years to improve flows in the 15-Mile Reach of the Colorado River. This water is in addition to the current commitment of 5,000 af annually and 5,000 af every 4 out of 5 years. a. The term of the agreements will be for up to 15 years beginning in 1998 or the first year that the Recovery Program pays O&M costs for water made available for release to the 15-Mile Reach of the Colorado River. The only cost for this water will be O&M expenses which will be paid for by the Recovery Program. b. Until Reclamation can develop and execute the long-term agreement, Reclamation will continue to make up to 21,650 af of water available to the Upper Colorado River Endangered Fish Recovery Program through I-year contracts among Reclamation, CWCB, and the Service beginning by September 1998. The term of the long-term agreement (2.a above) will be reduced by the length of the short- term agreements. Water made available through these short- and/or long-term agreements is in addition to the already committed 5,000 af annually and 5,000 af 4 out of 5 years. 3. Reclamation will develop al!d...g:.re~ellt!he proposed long-term agreement t() the CWCB and the Service by Ma)) 1999 and take the lead in getting the agreement 1lli--.---_.. / , ",.n.... _ f ,< _, alized._ IF'>' v .~'__~ 40 evJ C,;:, The amount, timing, and rate of the releases froJllRUedi Reservoir shall be determined by Reclamation in consultation with the Service(1Iowever, Reclamation will continue to operate Ruedi Reservoir in the manner anticipated in the 1989 Final Supplemental BIS for Ruedi Round IT water sales (EIS# FSES 89-19) and the Record of Decision signed January 16, 1990, and any operating constraints associated with the authorizing legislation for the Fryingpan-Arkansas Project. c. 4. A programmatic biological opinion is being contemplated to address all current depletions and some amount of future depletion in the Colorado River. Nothing in this reasonable and prudent alternative precludes identifying Ruedi Reservoir in a Colorado River programmatic biological opinion as a source of up to 10,825 afofwater for as long as needed by the endangered fish to improve flows in the 15-Mile Reach of the Colorado River. It is intended that future depletions from Ruedi Reservoir will be addressed in the Colorado River programmatic biological opinion. Once finalized, the Colorado River programmatic biological opinion will take precedence over this amended opinion.