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July 13-14, 1998 Board Meeting Agenda Item 26k Page 20f8 , since the original Biological Opinion in June, 1987. Tbe factors cited by Reclamation as the basis to reinitiate consultation were: \... . Federal listing of the razorback sucker as endangered . Development of more definitive flow recommendations . Critical habitat designation for all four species of endangered fish on the Upper Colorado River A revised Biological Opinion was issued on May 26, 1995. In addition to the conditions in the 1987 Biological Opinion several new measures were required, including an "Interim Agreement for Release of Remaining Uncommitted Reserves" (Interim Agreement). This Interim Agreement was expected to provide up to 21,650 AF for approximately 15 years to enhance recovery flows in the 15 MR. Tbe revised 1995 Biological Opinion required the "Interi~ Agreement" to be in place by December 31, 1995 in order for Ruedi Round II sales to continue. At the end of the Interim Agreement it was our understanding that Reclamation could initiate Round II sales, according to standard practice and subject to ESA Section 7 Consultation requirements. The Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin agreed too develop this Interim Agreement. Tbe target completion date for this Interim Agreement was December 1997. Following the Round II sales, the regulatory capacity was divided as follows: . Round II RP A for Endangered Fish Round I Sales Round II Sales Unsold Regulatorv Capacity Total Regulatory Capacity = 5,000 AF 7,850 AF 17,000 AF 21.650 AF 51,500 AF = = = = Tbus, the total amount of Ruedi water available to endangered fish was 31,650 AF (5,000 + 5,000 four out of five years + 21,650 unsold). CURRENT STATUS An Interim Agreement was not accomplished because of unresolved questions related to the repayment of construction obligations and enforcement with the 15 MR discussions. As a result, Reclamation and the Service put tlie processing of Ruedi Round II water sale contracts on hold. A number of water users are of the opinion that Reclamation must resume issuing Round II contracts prior to pursuing a long term interim contract for endangered fish. Based upon our discussions with the Board last year, we have continued searching for a means of . putting Reclamation back in a position to write these water contracts. Reclamation and the Service have proposed a new amendment to the Ruedi Round II Biological Opinion, but it -