BOARD00310

• Board Meeting Date: 1/27/2004
• Description: WSP Section - Gunnison Basin Programmatic Biological Opinion ‎(PBO)‎ Update
• Board Meetings - Doc Type: Memo

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Agenda Item 26
January 27-28, 2004 Board Meeting
Page 3 of9

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Draft: 1-14-04

Memorandum of Understanding
Regarding Re-operation of the Aspinall Unit and Endangered Species Act Compliance
for the Gunnison and Dolores River Basins

WHEREAS:

1. The U.S, Fish and Wildlife Service (Service) has published flow recommendations for the
Gunnison River below the Aspinall Unit, and the Colorado River at the Coloradorutail state line;

2. The Bureau of Reclamation (Reclamation) operates the Aspinall Unit, and that project affects
flows in the Gunnison River and Colorado River at the Coloradorutail state line;

3. In the Interim Agreement on implementation of the Colorado River (15-mile reach)
Programmatic Biological Opinion between the Colorado River Water Conservation District and
Service dated April 19, 2000, the Service agreed to work in a cooperative manner with other
parties to the Upper Colorado River Endangered Fish Recovery Program to develop and
implement programmatic biological opinions (PBO) similar to the l5-mile reach PBO on the
Yampa, Gunnison and other tributary basins,

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THEREFORE, as of the date of this agreement, it is understood and intended by the undersigned
parties that:

1. In compliance with the National Environmental Policy Act, Reclamation will prepare an
environmental impact statement (ElS) and record of decision (ROD) regarding re-operation of
the Aspinall Unit. Reclamation will conduct the ElS with the objective of "implementing the
flow recommendations or a reasonable alternative thereto," while meeting the authorized
purposes of the Aspinall Unit as described in the Colorado River Storage Project Act of 1956
(CRSP A), (i,e" for the purposes, among others, of regulating the flow of the Colorado River,
storing water for beneficial consumptive use, making it possible for the States of the Upper Basin
to utilize, consistently with the provisions of the Colorado River Compact, the apportionments
made to and among them in the Colorado River Compact and the Upper Colorado River Basin
Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of
floods, and for the generation of hydroelectric power as an incident to the forgoing purposes,
Also, pursuant to Section 8 of CRSP A the Secretary is authorized and directed to investigate,
plan, construct, operate and maintain (1) public recreational facilities on lands withdrawn or
acquired for the development of said project or of said participating projects, ., ,by such means as
are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of,
and improve conditions for, the propagation of fish and wildlife.), Reclamation will determine
the most reasonable operation of Aspinall in light of the flow recommendations and
requirements of the Endangered Species Act (ESA), taking into full consideration the settlement
of water rights for the Black Canyon National Park, and all authorized purposes and existing
commitments of the Aspinall Unit.