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000961 ensured through a commitment by the Recovery Program to purchase Aspinall Unit water for the long-term operation of the fish ladder and screen, if necessary, under the proposed action. Response 4.-Reclamation has not included a permanent 300 cfs flow below Redlimds as part of the proposed.action. Reclamation will to the extent allowable under State and Federal law, attempt to release from the Aspinall Unit sufficient water to maintain a minimum flow of 300 cfs during the months of July, August, September and October in the Gunnison River from the Redlands Diversion Dam to the confluence of the Gunnison River with the Colorado River. The operations will remain in place until the Aspinall Operations Environmental Impact Statement is complete and Reclamation has issued a Record of Decision on Aspinall Operations to address endangered fish flows in the Gunnison and Colorado rivers. Additional discussion was added to the final EA regarding the 300 cfs contract. Comment 5.-Proposed Action (page 11): "To make up for the head loss, Redlands could consider installing flash boards...", it is our contention that installation of flash boards to overcome any new head loss this should be part of the proposed action to ensure that there is no impact to Redlands historical operations. Response 5.-The installation offlashboards was discussed with RWPC. RWPC has on their own initiative in 2003, installed flashboards to allow them to utilize their additional 100 cfs 1995 junior water right. Comment 6.-EXISTING CONDTIONS (page 12): "puring the droughtof2002...This allowed for contin~ed operation. . ." This statement is misleading because it implies that this type of solution might occur in the future. The agreement in 2002 was made pursuant to a one-time emergency scenario. The language should be expanded to include a reference to the "shared shortage" provision in the CWCB water delivery contract. Response 6.-One-time was added before agreement, as well as discussion of the "shared shortage" provision of the CWCR water delivery contract. Comment 7.-EXISTING CONDITIONS (page 12); The statement "Endangered fish flows to operate...incorporated into the Aspinall Re-operations" is flawed statement since it is not necessarily true under 'existing conditions. Not only have there not been any Aspinall re- operations scoping meetings, as required under NEP A, there is certainly no existing commitment, nor Record of Decision (ROD) to support this statement. Response 7.-Reclamation received the Service's final fish flow recommendations for the Gunnison and Colorado Rivers on August 20,2003. After the comment was received, a notice of intent was published in been sent to the Federal Register that announced public scoping meetings in February 2004 in Gunnison, Delta and Grand Junction. The EISprocess for Aspinall operations regarding meeting or attempting to myet the Service's flow 26