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Gunnison Tunnel). This flow was maintained until early May 2004 at which time flows in the Black Canyon were increased to 350 cfs (8.5 cms). Water year 2004 powerplant bypasses were approximately 0.604 maf (745 mcm) at Crystal Dam. These bypass releases occurred because the powerplant was shut down from mid-October 2003 through October 2.004 for generator rewind and turbine repair. On August 16, 1995, Memorandum of Agreement (MOA) No, 95-07-AO-R1760 was signed by the Bureau of Reclamation, U.S. Fish and Wildlife Service, and Colorado Water Conservation. Board. The purpose of the MOA was to provide water to the Redlands Fish Ladder and assure at ]east 300 cfs (8.5 cms) of flow in the 2-mile reach of the Gunnison River between the Redlands Fish Ladder and the confluence of the Gunnison and Colorado Rivers (2-mile reach). This MOA was extended for an additional 5 years on June 30, 2000. A key provision of the MOA requires that the parties adopt a plan to share water shortages in dry years, when total storage at Blue Mesa Reservoir is projected to drop below '0.4 maf(493 mcm) by the end of the calendar year. In 2004 it was not necessary to operate under a shared shortage arrangement, because there was sufficient runoff. InJuly 2003, a final report titled, "Flow Recommendations to Benefit Endangered Fishes in the Colorado and Gunnison Rivers" was published by the Upper Colorado Recovery Program. The report compiles and summarizes the results of research conducted on endangered fish in the Gunnison and Upper Colorado Rivers under the Upper Colorado Recovery Program. The report presents flow recommendations for two different river reaches: one for the lower Gunnison River between Delta and Grand Junction, Colorado, as measured at Grand Junction; and the other for the Colorado River downstream of the Gunnison River confluence as measured at the Colorado-Utah State line. In January 2004, Reclamation published a Notice of Intent to prepille an EIS on operations to assist with meeting the flow recommendations or a reasonable altemativ(~ to them. Public scoping meetings were held in February 2004. A draft EIS is likely to be released in 2006. On January 17, 2001, the United States filed an application to quantify the Federal reserved water right decreed to the Black Canyon ofthe Gunnison Nationa.l Monument. The water right is for flows inthe Gunnison River through the BlackCanyon of the Gunnison National Park downstream ofthe Gunnison Tunnel. On April 2, 2003, the Department of the. Interior and the State of Colorado reached agreement regarding water for the park. Under this agreement, the reserved water right filed for by the National Park Service will be quantified for 300 cfs (8.5 cms) with a 1933 priority date; The Colorado Water Conservation Board will file under the State of Colorado instream flow program, for additional flows in excess of those required to fulfill the purposes of the Aspinall Unit (with a 2003 priority date) to provide additional water resources for the park However, this agreement is currently being challenged in United States District Court in Colorado. The Colorado Water Court for Water Division 4 has stayed proceedings on the amended Federal claim for the 300 cfs flow pending the outcome of the case before the District Court. The State of Colorado and others have challenged the Colorado Water Court stay in the Colorado.:SupremeCourt. No action has been pursued on the Colorado Water ConservatioIl Board's filing for the peak flows (flows in excess of those required to fulfill the purposes ofthe Aspinall Unit) in the Colorado Water.C6urt for Water Division 4, and no action is anticipated until the amended Federal claim is settled. In short, 11