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• Board Meeting Date: 7/21/2010
• Description: Stream & Lake Protection Section - Case Nos. 6-07CW061 and 6-07CW072: Applications of Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

Linda Bassi, Esq
Page 6
July 7, 2010
5 The investigation found no potential threatened, endangered, or sensitive plant
species that could occur on this site.
6 IME determined that there were no specific fatal flaws relative to this site.
Threatened and Endangered Species. Under the Section 404 process, the Corps will
complete a NEPA review of the Project merits. As part of its review, the Corps is
required under the Endangered Species Act of 1973 to protect threatened and
endangered species and their habitat. The effect of this Act is that the Corps, as part of
the NEPA process, will review the project to determine if the proposed action will affect
any species which are listed under the Endangered Species Act. Additionally, the Corps
must review a list maintained by the Colorado Division of Wildlife (CDOW) that includes
species of special concern, which are not legally protected but are considered when
assessing impacts. During the evaluation of threatened, endangered, and other species
of concern, the Corps will undergo forrnal consultation with the United States Fish and
Wildlife Service (USFWS) as required by Section 7 of the Act.
The USFWS has previously determined that existing water depletions are adversely
impacting four endangered fish species in the Yampa River basin. The four endangered
species include: Colorado Pike Minnow, Razorback Sucker, Humpback Chub, and
Bonytail Chub. Due to poor conditions that currenfly exist, the USFWS has determined
that depletions associated with future water development projects may jeopardize the
continued existence of the four fish species,
In 2005, the USFWS, in cooperation with the State of Colorado, prepared a
Programmatic Biological Opinion (PBO) regarding the four endangered fish species in
the Yampa River The PBO sets forth specific recovery actions designed to aid in the
recovery of the four fish species while allowing water users in the Yampa River to
develop new depletions estimated to be up to 53,000 AF per year. Under the PBO, new
water projects involving depletions of more than 100 AF per year require signing of a
Recovery Agreement and payment of a one time fee to fund recovery efforts under the
USFWS's "Management Plan for Endangered Fishes in the Yampa River Basin and
Environmental Assessment. "3 By signing the Recovery Agreement, the water users
simply agree not to interfere with implementation of recovery actions under the
management plan.
The potential stream depletions associated with the Morrison Creek Reservoir fall under
the umbrella of the Programmatic Biological Opinion prepared by the USFWS. Because
the depletions will exceed 100 AF per year, the District %Will have to formally recognize
and sign the Recovery Agreement and pay a one-time fee to fund various recovery
actions. As of 2006, the required fee was $16.67 per acre foot. Thus, for example, if the
total stream depletions associated vWth the Project were estimated to be 1,000 AF, a
one-time payment of $16,670 would be required. The exact amount of Project
2 U.S. Fish and Wildlife Service (USFWS), 2005. Final Programmatic Biological Opinion on the
Management Plan for Endangered Fishes in the Yampa River Basin. USFWS Mountain-Prairie Region (6),
Lakewood, Colorado.
a Roehm, G.W., 2004. Management Plan for the Endangered Fishes in the Yampa River Basin and
Environmental Assessment. U.S. Fish and Wildlife Service, Mountaln-Praide Region (6), Lakewood,
Colorado, 214 pages.
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