BOARD00612

• Board Meeting Date: 7/13/1998
• Description: WSP Section - Colorado River Basin Issues - Ruedi Reservoir Round II Contracts and Annual Contract for Endangered Fish
• Board Meetings - Doc Type: Memo

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July 13-14, 1998 Board Meeting
Agenda Item 26k
Page 3 of 8

differs from the approach being discussed in the 15 MR efforts to develop a Programmatic
Biological Opinion.

Under the current draft Programmatic Biological Opinion (June I, 1998) for Category I
depletions, there are two RPA elements that involve Ruedi:

LA.3.C.(I)(b)(i) - Short term lease(s) (up to 15 years total) for delivery of 10,825 AF of
water from Ruedi Reservoir;

Develop and enter into an agreement to deliver water from Ruedi to the 15-MR by
December 1999 (one-year lease approved by August 1998). This agreement will only
deliver uncontracted water. As portions of the 10,825 AF are contracted, the amount of
water in the lease agreement automatically decreases; and

LA.3.c.(l)(b)(iv) - Dedication of 10,825 AF of water from Colorado Water Division
No.5 facilities on a permanent basis, as needed by the fish.

Water users will determine location of and agreement for delivery of 10,825 AF of
water to be used in later summer/early fall to meet base flow needs. Agreement and/or
legislative action (if permanent dedication is in Ruedi Reservoir) completed by
September 2001. [Details for this RP A element are currently being worked out by the
water users.]

Attachment I is our best effort to characterize the proposed amendment developed by
Reclamation and the Service (they have no released a draft for review). It is offered as a way of
revising and implementing the Reasonable and Prudent Alternative (RP A) from the May 26,
1995 "Final Biological Opinion - Round II Water Sales from Ruedi Reservoir" and allowing
Round II water contracting and contracts for endangered fish to resume.

LIST OF ISSUES

Listed below are the issues of concern that have been identified during previous contract
negotiations and a brief indication of whether or not the proposed revisions to the Ruedi
Biological Opinion will remove that issue or concern.

I. ISSUE: Ruedi Reservoir repayment costs and whether or not the water made available to
endangered fish should be paid for. If payment is required, who should pay and how should
payment be accomplished? Assurances are needed that we are not increasing costs to other
water users with contracts by providing water to the endangered fish. This remains an
issue as the Recovery Program would only pay for 0 & M costs under the proposed
revisions. The costs of Ruedi water would need to be addressed in the Interim
Agreement,