Yampa River Basin Research Final Synthesis Report

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6. PROGRAMMATIC APPROACH Agencies and water users in the separate subbasins of the Upper Colorado River Basin desire equitable treatment by the USFWS under the ESA. To achieve a reasonable measure of equity, the RIP proposes to follow a similar programmatic process for each of the major river basins of the Upper Colorado, beginning with the Colorado River upstream from the Gunnison River. As the programmatic biological opinion (PBO) for the Colorado River nears its completion, a PBO process for the Yampa is beginning and will be followed by similar processes for the Gunnison, White and Dolores rivers. In 1996, the RIP identified a need to develop a strategy for providing and protecting flows in the "15 -mile reach" of the Colorado River. This reach extends from the Grand Valley Irrigation Company diversion near Palisade downstream to the confluence of the Gunnison River at Grand Junction. This strategy was to include a discussion of the synergy between those RIP activities related to flows and those activities unrelated to flows in the Colorado River. At the same time there were discussions on the effectiveness of the Section 7 Agreement in the 15 -mile reach. A workgroup was formed to further clarify issues and recommend a strategy for their resolution. By the end of 1996, the workgroup recommended that issues could be best resolved through a biological opinion. However, many issues remained unresolved regarding flow needs, options for providing and legally protecting water, the relative importance of actions unrelated to flows in recovering the fish, and a framework for conducting future Section 7 consultations. To resolve these issues, the State of Colorado convened a larger workgroup of interested parties in August 1997. The workgroup included water users, environmental groups, state and federal agencies. The resulting programmatic biological opinion (PBO) represents the consideration of both flow and non -flow recovery actions in the Colorado River sub - basin. Insofar as both existing and future federal and non - federal water development projects that deplete water from the Colorado River are likely to require some federal involvement, these actions were considered under this PBO. Federal involvement would likely occur by way of Department of the Army or Federal Energy Regulatory Commission permits and licenses, federal rights -of -way permits, or federal funding for facility repairs or construction. The PBO considers not only existing depletions, but up to 120,000 of of new annual depletions from both existing and potential new facilities above the 15 -mile reach. This includes facilities that have current biological opinions, but have not yet depleted the full amount covered by those opinions, as well as facilities without a current federal nexus. Impacts related to water depletions and recovery actions in the Green River will be addressed in separate consultations for Flaming Gorge Dam on the Green River and Duchesne River, a tributary to the Green. On the Gunnison River, consultation on the Aspinall Unit, in part, will address these issues. Similar programmatic processes are contemplated for the Yampa, White and Dolores rivers, as well. In July 1999, the CRWCD, CWCB, USFWS, and USBR agreed that a PBO process, similar to that of the 15 -mile reach, should be followed for the Yampa River. A management plan for the Yampa, which serves as a nucleus for the PBO, will address the specific management options for water, aquatic habitat and biota in the basin to promote the recovery of endangered fishes and provide water for human needs in the future. Implementation of this management plan through Memoranda of Understanding between the USFWS, water users and other local stakeholders provides the federal connection for this consultation under Section 7 of the ESA. 18