Memorandum: April 19 1994 Endangered Species Act Compliance for Bureau of Reclamation

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2 the RIPRAP are necessary so that it can serve as the RPA for impacts to critical habitat from project operations. This Region has formally consulted with the Service on Windy Gap Project, Continued Operation of the CBT Project and two water marketing programs. Although formal consultation was not conducted for Ruedi Reservoir Round I water sales, the contractors contributed a one -time depletion charge of $10 per acre -foot to the recovery program. Formal consultation on the Windy Gap and Continued Operation of the CBT Project was requested November 4, 1980, and November 9, 1980, respectively. The Service issued opinions on the Windy Gap Project on March 31, 1981, and on CBT on January 2, 1981. The opinion on the Windy Gap Project concluded that the impacts of the project would not reduce the likelihood of survival of the endangered fish, but without conservation measures may reduce the likelihood of the recovery of the endangered fish. The conservation measures agreed to by the Municipal Subdistrict, Northern Colorado Water Conservancy District, were to reduce water diversions by 11,000 acre -feet, fund establishments of backwater habitat areas along the Colorado River, and provide funds to support a research team of three or four persons over a 3 -year period to evaluate habitat improvement techniques and continue to collect physical data. The opinion on Continued Operation of the CBT project concluded that continued historical operation would not jeopardize the continued existence of the humpback chub, bonytail chub, or the Colorado squawfish. We requested formal consultation from the Service in 1984 on the Fry -Ark Project ( Ruedi Reservoir Round II Water Marketing Program). A similar request was made in 1985 for the CBT Project (Green Mountain Water Marketing Program). Subsequently, in 1986 we requested the Service combine the Ruedi and Green Mountain consultations so the analyses could be combined into one biological opinion. The Service then provided a combined opinion on both projects June 15, 1987. The opinion concluded the two programs were not likely to jeopardize the Colorado squawfish, the bonytail chub, and humpback chub provided that Reclamation incorporate certain conservation measures into the project proposals. Reclamation did incorporate these measures in the water marketing programs. One of the conservation measures committed Reclamation to withhold 5,000 acre -feet of water from Ruedi Reservoir sales and to provide that quantity for instream flows to preserve endangered fishes habitat conditions in the 1115 -mile reach" of the Colorado River below Palisade, Colorado. In addition, in 4 out of 5 years, an additional 5,000 acre -feet is to be provided through modified operation of Ruedi Reservoir. Since the time of the biological opinion, Reclamation has provided an additional 10,000 acre -feet annually beginning in 1990 for the purposes of endangered fish- s research in the 15 -mile reach.