Agenda item __, January 27-28, 2008 Board Meeting

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Agenda Item _, Native Species Conservation Trust Fund Recommendations January 27 -28, 2009 Board Meeting Page 3 of 5 1. Platte River Cooperative Agreement (CA): $4,000,000 ($ 0 to the capital account this year and $4,000,000 to the O &M account) With the signing of the Program Agreement developed under the CA, the state now has a multi- million dollar obligation pursuant to the Program Agreement. The recovery program will serve as the "reasonable and prudent alternative" under the Endangered Species Act for water use and development in the North and South Platte River basins while promoting the conservation and recovery of downstream endangered bird and fish species. The funding appropriated to date total 1 , S -$12,00%0N ?). Colorado's cost share contribution for the first program increment (13- years) is estimated to be $24,000,000 (in 2005 dollars) or $1.85 million per year. However, many of the activities of the Program occur in the beginning of the Program. For example, land acquisition is expected to occur within the first five years of the Program, at an estimated cost of $23,000,000. The land acquisition program operates under a "willing seller, willing buyer" concept; therefore, the program must be able to act on short notice when an opportunity arises. In addition, many of the monitoring and research activities will require substantial capital and operating expenditures in the first few years. Getting funds deposited with the Nebraska Community Foundation as soon as possible(as Wyoming has entire $6,000,000 cost share obligation) avoids upward adjustments to cash contributions to account for inflation. The earlier Colorado pays its cost share, the less the overall costs Colorado may experience due to inflation. While it is unknown at this time how much of this money would be required for capital expenses and for O &M expenses, it is recommended at this time that the entire $4,000,000 be for O &M and no dollars allocated to the capital costs this year. We would encourage the Board recommend appropriating the remaining $13- ,90900 if funds are available. 6 �p 7,o 2. Selenium Reduction Program for the Gunnison Basin: $500,000 The US Fish and Wildlife Service (USFWS) has designated critical habitat on the Gunnison River for the Colorado River Endangered Fish beginning at Delta, Colorado and extending downstream to the confluence of the Gunnison River with the Colorado River. The USFWS, working in concert with the Upper Colorado Recovery Implementation Program ( UCRIP), has also developed flow recommendations for the Gunnison River. Pursuant to the UCRIP — Recovery Action Plan (RIPRAP) the US Bureau of Reclamation (USBR) is undertaking a NEPA process to evaluate alternative operations of the Aspinall Unit to attempt to satisfy.the flow recommendations to the extent possible within the authorizing legislation for the Aspinall Unit. In addition to this NEPA process Reclamation, the State and Gunnison Basin water users are supportive of obtaining a Programmatic Biological Opinion (PBO) for all water uses in the Gunnison Basin under both Section 7 and Section 9 of the ESA. However, the USFWS has unequivocally stated that a basinwide Selenium Reduction Program will be part of any PBO. The State, water users and Reclamation have been working to develop such a selenium reduction program benefiting the endangered fish and the $500,000 request here with be used to the maximum possible to leverage other funding available in order to meet the requirements of the USFWS for a Selenium Reduction Program to the extent possible. 3. Upper Colorado River Recovery Program — 10,825 acre -foot replacement Program: (up to $5,000,000 /year for the next 5 -years [$25,000,000 total]). The 15 Mile Reach Programmatic Biological Opinion (PBO) calls for 21,650 AF of the storage water to be made available to augment flows in the 15 Mile Reach. Through 2012 this water will be made available from Ruedi Reservoir (21,650 AF represents the amount of Flood Protection • Water Project Planning and Financing • Stream and Lake Protection Water Supply Protection • Conservation Planning