BOARD00582

• Board Meeting Date: 5/19/2003
• Description: WSP Section - Ruedi Reservoir - Proposed Contract to Deliver 10,825 AF Annually to Endangered Fish in the 15-Mile Reach Through 2012
• Board Meetings - Doc Type: Memo

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1. WHEREAS, pursuant to Article 92, Title 37, Colorado Revised Statutes, as amended, the
State Engineer's Office is responsible for the administration and distribution of the waters of the
State, and, under Section 37-92-102(3), the CWCB may call upon the State Engineer and
Division 5 Engineer to administer water or interests in water held by the CWCB for instream
flows to preserve or improve the natural environment to a reasonable degree within the 15 Mile
Reach, and which enforcement actions are more fully described in the September 21, 1993
Enforcement Agreement between the CWCB and the Service.

m. WHEREAS, the CWCB has determined that leasing water from the Regulatory Capacity of
Ruedi Reservoir for instream flows in the 15 Mile Reach will contribute to preserving the natural
environment to a reasonable degree and is consistent with the CWCB's authorities under Section
37-92-102(3), Colorado Revised Statutes, as amended; and

n. WHEREAS, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and
the Interagency Cooperative Regulations (50 CPR' 402), establish the legal framework for
implementation of Endangered Species Recovery Programs; and

o. WHEREAS, the Secretary joined the Governors of Colorado, Wyoming, and Utah and the
Administrator of the Western Area Power Administration in executing a cooperative agreement
on January 21-22, 1988, to implement the Recovery Program, subsequently extended through
SepteDlber30,20l3;and

p. WHEREAS, elements of the Recovery Program include acquiring water and water rights to
protect the habitat of the endangered fish and to conduct research to identify the flow and habitat
needs of the endangered fish; and

q. WHEREAS, the Programmatic Biological Opinion (PBO) addressed (1) impacts to critical
habitat for endangered fish species that are related to both existing and future water depletions
that occur in the Upper Colorado River Basin above the confluence with the Gunnison River and
(2) recovery actions designed to offset these impacts; and

r. WHEREAS, this Agreement is being executed to fulfill the recovery actions described on
pages 8-9 of the PBO; and

s. WHEREAS, on February 21, 1990 Reclamation and CWCB entered into a 40-year agreement
No. 0-07-60-W0540 with concurrence froDl the Service to provide up to 10,000 acre-feet of
water per year, as further disclosed in that agreement, from the Regulatory Capacity ofRuedi
Reservoir. The coIIlInitments in that agreement were discnssed in the PBO.

NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants hereinafter
set forth, the Parties hereto agree as follows:

I.

DEFINITIONS

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