BOARD00565

• Board Meeting Date: 3/20/2000
• Description: WSP Section - Colorado River Basin Issues - Endangered Fish Recovery Program - 15-Mile Reach Programmatic Biological Opinion - Implementation Update
• Board Meetings - Doc Type: Memo

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Agenda Item 23 f
March 20-21, 2000 Board Meeting
Page 6 of 12

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This Agreement is made for the purpose of providing 5,412.5 acre-feet of water annually to
the IS-Mile Reach for an interim period often (10) years.

Denver Water believes it has a need for the entire capacity and yield of its reservoirs for
municipal purposes. Based upon recent estimates of demand, Denver Water has
determined that for an interim period of 10 years water is available to be released from its
reservoirs to meet the needs described in this agreement.

The River District contemplates entering into a similar agreement with the Service for
providing an additional 5,412.5 acre-feet of water annually to the IS-mile reach for the
interim period often (10) years (the "River District/Service Agreement") in accordance
with Appendix C of the PBO.

In a letter to Ralph Morgenweck dated September 16, 1998, the Colorado water users
described a, "[ c Jontingent agreement on a plan for providing the 10,825 acre-feet of water
for the fish that the Service identified as being needed to offset the impacts of the
Category I depletions." The plan defined an interim solution and a permanent solution for
providing the 10,825 acre-feet of water. This agreement and the River District/Service
Agreement only address the interim solution and do not modify the water users'
commitment to provide the permanent solution for the 10,825 acre-feet of water.

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2. Agreements

1. Rights and Responsibilities of Denver Water

I. Denver Water will release 5,412.5 acre-feet of water per year for delivery to the
IS-Mile Reach on behalf of the Eastern Slope in accordance with Appendix C of
the PBO. Denver Water's primary source of water will be Williams Fork
Reservoir. Denver Water may also use Wolford Mountain Reservoir (Denver
Water's pool), Dillon Reservoir, Homestake Reservoir, and other sources from
time to time, as necessary, to release the 5,412.5 acre-feet. Use of Wolford
Mountain Reservoir will not exceed the hydrologic limitations on Denver Water's
use contained in the federal and local approvals for the reservoir including the
Bureau of Land Management's Plan of Development, the United States
Department of Defense Army Corps of Engineers' Section 404 Permit, or the
Grand County Special Use Permit. During the term of this agreement, some
Eastern Slope water users may elect to use other sources available to them for
providing their portion of the 5,412.5 acre-feet. If an Eastern Slope water user
elects to use another source, it will be that entity's responsibility to assure that all
legal and regulatory requirements are satisfied. For every 1 acre-foot an Eastern
Slope water user elects to deliver from another source, Denver Water's
commitment to provide 5,412.5 acre-feet per year will be reduced by I acre-foot.

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