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

-1:

;

Agenda Item 23f
March 20-21, 2000 Board Meeting
Page 8 of 12

e

Fork Reservoir, Wolford Mountain Reservoir, and Dillon Reservoir for releasing
Denver Water's 5,412.5 acre-feet of water per year on an interim basis. Recovery
agreements also will limit signatories' ability to oppose water rights which may be
applied for in the future to replace such releases, but those entities may
nevertheless take actions deemed necessary to ensure that such water rights are
administered in priority and do not cause injury to previously decreed water rights.

4. Rights and Responsibilities of the CWeB

I. The CWCB will accept Denver Water's release of the 5,412.5 acre-feet of water
per year for the purpose of providing flow augmentation of the 15 Mile Reach of
the Colorado River for the benefit of the Recovery Program.

2. The CWCB will use the water released pursuant to this Agreement only to provide
minimum streamflows in the IS Mile Reach to preserve the natural environment to
a reasonable degree. No sale, lease, donation or other disposal of any of the water
contemplated by this Agreement will be permitted. The CWCB shall not
compromise, subjugate or encumber the water released in any matter whatsoever.

3. The CWCB will take such action under state law, including requesting
administration by the State Engineer's Office and initiating water court e
proceedings, as may be necessary to obtain delivery of the water to the IS Mile
Reach and to protect the delivery from diversion by third parties within the IS
Mile Reach, subject to such transit losses as may be imposed by the State Engineer
or the Division Engineer for Water Division S.

4. The CWCB has determined that the Memorandum of Agreement entered into on
September 21, 1993 will apply to the releases described herein.

5. Implementation

I. An Operations Group will be established, consisting of representatives from the
CWCB, the River District, Denver Water, the Service, the U.S. Bureau of
Reclamation, and the State of Colorado Division V Engineer. The Operations
Group will meet each spring to develop a plan for releasing the 10,825 acre-feet of
water during the coming summer and fall. This plan must comply with Colorado
law. Prior to the first Operations Group meeting, representatives from the River
District, Denver Water, Reclamation, if any Reclamation reservoir may be used as
a source in that year or may be directly affected, and the Service will meet and
agree on a procedure for releasing the 10,825 acre-feet of water. A list of some
operation needs to be addressed is attached hereto as Exhibit A.

2. If the Service determines that delivery ofless than the full 10,825 acre-feet is

e