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<br />conditions and other appropriate factors, and will reqilest water conservatively to meet fish <br />needs. <br /> <br />e <br /> <br />F. In consultation with the Service, the amount, timing, and rate of the releases, under <br />this Agreement, shall be detennined by the Contracttilg Officer or her authorized representative. <br />Reclamation will notify the CWCB and the Division S Engineer of the date, time, and amount of <br />the water released. The Service and Reclamation will consult with the CWCB during the release <br />period to achieve the objectives of Reclamation, the Service and the CWCB. <br /> <br />G. Reclamation will continue to attempt to make release adjustments of no more than 50 <br />cfs increments when feasible and consistent with the Inultiple Project purposes. This measure <br />strives to minimize potential impacts of rapidly changing flows on aquatic biota, rescue <br />activities, recreation interests, and stream bank stability, while complying with Colorado water <br />law and providing Reclamation operational flexibility. <br /> <br />, <br />H. Reclamation will evaluate the final results of the Roaring Fork Conservancy fishery <br />study being conducted by Miller Ecological Consultants, Inc. Reclamation will coordinate with <br />the Colorado Division of Wildlife to assess recomm~ndations in the study and work towards <br />implementing those appropriate measures and monitoring techniques that are feasible and <br />consistent with the multiple Project purposes. <br /> <br />I. In an effort to address concerns with flows over 250 cfs, efforts will be made to limit <br />cumulative flows to 250 cfs or less when consistent with the multiple Project purposes and <br />reasonable to do so, and so long as future fishery res~arch does not indicate that flows in excess a <br />of250 cfs are important for Fryingpan or Roaring Fork River fishery maintenance or - <br />enhancement. <br /> <br />J. The CWCB shall take such action under state law, including requesting administration <br />by the State Engineer=s Office and initiating water court proceedings, as may be necessary to <br />deliver the water from the outlet works of the dam frbm which the water is released to the <br />beginning of the 15 Mile Reach and to protect the release from diversion by third parties within <br />the 15 Mile Reach, subject to such transit losses as may be imposed by the State Engineer or the <br />Division 5 Engineer. <br /> <br />IV. WATERSERVI~EC~GES <br /> <br />A. There will be no charge to the Service or the CWCB for water made available <br />pursuant to this Agreement. <br /> <br />B. Reclamation will absorb the capital costs (plus interest) of the water provided <br />pursuant to this Agreement; the Recovery Program will report the costs so. absorbed as a <br />Reclamation contribution to the Recovery Program, tnade in addition to its other cost share <br />commitments; and the Recovery Program will pay tile annual Operation and Maintenance <br />(O&M) costs associated with the water. . <br /> <br />6 <br /> <br />e <br />