Analysis of Colorado-Big Thompson Project Operation With Respect to East Slope Diversions and Non-Charge Deliveries

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{ Maryanne C. Bach Brian Person October 6, 2000 Page 8 otherwise authorized diversions if necessary to meet the needs of the endangered species. In this case, however, no alteration is necessary to previously entered contracts in order to allow Reclamation to comply with its ESA obligations. The discontinuance of the non - charge program$and the required utilization of the CBT East Slope storage decrees do not contravene any of Reclamation's contractual obligations and, in fact, are required by its Senate. Document 80 contract and its Section 7 duties. As demonstrated above and through the attached materials, these results can be achieved and native water allowed to remain in the Colorado River Basin for the benefit of the endangered fish without impairing CBT Project supplies for contract allottees. If Reclamation does not cause the CBT Project to contribute meaningfully to the PBO spring peak enhancement requirements, there is a very real risk that the endangered species recovery will be seriously delayed or defeated, resulting in failure of the December 1999 PBO. Because Reclamation has a vested interest in the success of the Recovery Program (including the attainment of the flow components of the Recovery Action Plan), as well as an obligation under Section 7 of the ESA to participate in it, consideration of the Senate Document 80 requirements for operation of the CBT Project as described above should be given the highest priority. The River District is particularly concerned at this point in time with the continuation of unauthorized spring peak diversions from the West Slope in the absence of demonstrated need for supplemental irrigation or domestic water by CBT Project contract allottees. Unused non - charge water is now contributing substantial amounts to the South Platte River flows . In addition, the failure to utilize the Big Thompson native water for filling Horsetooth Reservoir and Carter Lake results in more unused South Platte River water during the spring peak period, further contributing to the Platte River flows. Both of these actions are contributing to artificially high flows lower down on the Platte River at a time when FWS, Reclamation, and the three affected states are establishing baseline conditions which will be used to identify, implement, and evaluate recovery measures for listed Platte River species. The River District has expressed its very serious concerns about the operation of the CBT Project, and documented them in writing, on several occasions in the