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-p, ..;;. TO: Dave Stevens - BLM FROM: Larry W. Clever, Ute Water DATE: May 20,1996 SUBJECT: Draft Staging Concept The USFWS requested at the Ute Pipeline Section 7 meeting on May 9, 1996 that Ute prepare a draft staging concept memorandum. Accordingly, CDM has prepared a Preliminary Staging Concept Memorandum dated May 17, 1996 (enclosed). The following summarizes the concepts that would be presented for the meeting on May 23, 1996. 1. lVIaximum diversion by Ute prior to 1988. In 1986 Ute diverted 7,476 acre feet of water. This is higher than the three year average of 6,945 acre feet that was presented in the hydrological summary. 2. Ute Water diversion in 1995 was 7,974 acre feet. 3. The maximum capacity of the 24 inch existing pipeline is 11,180 acre feet. Mike Gross of the Colorado River Water Conservation District suggested that Ute be allowed to divert up to the maximum capacity of the pipeline prior to any additional depletions being changed against Ute. This amount of diversions would satisfy the Ute diversion demands until approximately the year 2009. 4. Ute agreed to present its diversion at 5 and 10 years in the future. Attached is Table 1 ofCDM May 17 staging memo. 5. Using the "make-up flow" concept approved by USFWS and using USFWS recommended flows as described in the hydrology associated with the Ute project a threshold of 1,500 acre feet would address Ute's needs through the year 2006. If the threshold is 3,000 acre feet it would address the needs through the year 2015. If a 1,500 acre feet threshold amount was compared to CWCB Instream Flow Filing it would address the needs to the year 2022. If a 3,000 acre feet threshold was used against the same target flow it would address the needs at least 40 years out. Ute Water's concept of staging has never been to consult on part of the diversions/depletions and then have to re-open Section 7 consultations with the USFWS. Ute's concept of "staging" is outlined below: 1. A Biological Opinion (BO) would be granted on the entire 50 year project demand. 2. Ute would be allowed to build the pipeline immediately. 3. USFWS would set "not to exceed" diversion targets 5 or 10 years into the future. Thee targets could not be exceeded unless the Recovery Program had completed certain RlPRAP items designated as the RP A and clearly defined in the BO These actions would have to be agreed to by the USFWS, RlPRAP Management Committee and Ute Water. 4. Section 7 Consultation would not be reopened unless these designated RIPRAP items were not completed or the 50 year diversions amounts were exceeded. 5. Ute Water would be responsible for reporting its diversions to BLM during the interim period. 6. The above approach is consistent with the BO issued in the Wolford Mountain project.