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<br />~ <br /> <br />b004 '9 <br /> <br /> <br />BLACK CANYON OF THE GUNNISON NATIONAL PARK <br />INSTREAM FLOW WATER RIGHTS <br /> <br />ASPINALL UNIT - EXISTING COMMITMENTS <br />February 13, 2003 <br /> <br />1. The Aspinall Unit must continue to be operated to serve as the reasonable and prudent <br />alternative required for the operation ofthe Dallas Creek and Dolores Projects under section <br />7 of the Endangered Species Act. <br /> <br />2. The Aspinall Unit must be operated to serve as the reasonable and prudent alternative for the <br />other six federal projects in the Gunnison River Basin (Uncompahgre, Smith Fork, North <br />Fork, Bostwick Park, Fruitgrowers, and the Aspinall Unit) and for non-federal depletions. <br /> <br />3. The Aspinall Unit must be operated to implement the Memorandum of Agreement ("MOA") <br />among the U.S. Bureau of Reclamation, U.S. Fish & Wildlife Service, and Colorado Water <br />Conservation Board for Furnishing Water from the Aspinall Unit for the Benefit of <br />Endangered Fishes dated August 16,1995 (Contract No. 95-07-40-RI760). Under the 1995 <br />interim MOA, sufficient releases from the Aspinall Unit must be made to support endangered <br />fish passage at the Redlands fish ladder and to remove administrative calls by downstream <br />Gunnison River mainstem users senior in priority to the Aspinall Unit by ensuring sufficient <br />flows to satisfy the Redlands Project's water rights during the ladder's operations. These <br />Aspinall Unit releases must be made permanent to support the continued operation of the <br />Redlands fish ladder and fish screen during and after the recovery of the listed fishes. <br /> <br />4. The Aspinall Unit must be operated to meet (or come as close as possible to meeting) the <br />U.S. Fish & Wildlife Service's "flow recommendations" for the Gunnison River at <br />Whitewater and the Colorado-Utah state-line as well as other elements of the yet-to-be- <br />completed Programmatic Biological Opinion ("PBO"). <br /> <br />5. The Aspinall Unit must be operated in accordance with the assignment of the Aspinall Unit <br />water rights from the Colorado River Water Conservation District to the United States dated <br />January 26, 1962. <br /> <br />6. The Aspinall Unit must be operated to produce power in a manner consistent with existing <br />obligations, including contracts among the U.S. Department of Energy, Western Area Power <br />