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UULl714 Fish and Wildlife Comments DRAFT March 3,2003 Mr. Randy Seaholm Colorado Water Conservation Board 1313 Sherman Street, Room 719 Denver, CO 80203 Dear Randy: The Recovery Program Director's office and U.S. Fish and Wildlife Service (Service), Water Resources staff have reviewed the Draft Final Report for Phase 2 Coordinated Facilities Water Availability Study for the Endangered Fish ofthe Upper Colorado River (CFOPS). 'However, before commenting on the report, we wish to clarify the respective roles of the Service and the Recovery Program in the CFOPS process. I have represented the Service on the Executive Committee, which also includes representatives of other Recovery Program participantso My role on the Committee largely has been to provide information as requested by the Executive Committee and CFOPS contractor and to remain informed as to the status of the CFOPS process. Completion of the CFOPS study and ultimately the implementation of a strategy to augment spring peak flows in the Colorado River are part of the proposed action on which the Service consulted in 1999; the product of that consultation was f;i,< the Service's programmatic biological opinion (PBO) for the Colorado River. Page 11 of the PBO identifies the purpose of the CFOPS as follows: The [CFOPS] study is intended to assess water management facilities and operations that can be coordinated to benefit fish habitat primarily during the spring peak. The goal is for project sponsors to satisfy project purposes, but to utilize any flexibility that may exist to enhance spring flows for endangered fish. Possible options include new projects, long- and short-term leases or delivery agreements and using or moving winter water in excess of fish needs to meet water demand or fish needs during the spring. The intent is to provide an additional 20,000 acre-feet/year of water for spring peak flow enhancement, without diminishing useable project yield or causing project sponsors to incur significant costs. [I Under the PBO, the Recovery Program is responsible to ensure that certain recovery actions specified in the PBO, such as selective fish passage, Grand Valley Project water conservation measures and water leases, are implemented in a timely manner. The Recovery Program also initiated and funded the CFOPSo The PBO directs water users to "assess water management facilities and operations" and to augment peak flows by "[utilizing] any flexibility that may exist [in these facilities and operations] to enhance spring flows for endangered fish." The Service's role in the process should not be construed as that of a decision-maker or facilitator. Once a decision is made as to whether and by what means 20,000 AF would be delivered to enhance P:\Data\GEN\CWCB\19665\Report Phase 2\Technical Memorandum No. 12\Appendix B.doc 22