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<br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Sl:reet, Room 721 <br />Denver, Colorado 80203 <br />Phone' (303) 866-3441 <br />FAX, (303) 866-4474 <br /> <br />(Q <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />TO: <br /> <br />Colorado Water Conservation Board Members <br /> <br />Randy Seaholm # <br />Chief, Interstate Streams Investigations <br /> <br />Peter H. Evans <br />eWeB Director <br /> <br />Greg E.Walcner <br />Executive Director <br /> <br />FROM: <br /> <br />DATE: <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />July 14, 2000 <br /> <br />SUBJECT: Agenda Item 21h, July 24-25, 2000, Board Meeting- <br />Colorado River Basin Issues - <br />Ruedi Reservoir - Long-term Contract and EIS for the Release of <br />10,825 AF to Endangered Fish in the IS-Mile Reach <br /> <br />Backl!:round <br /> <br />The Recovery Implementation Prognnll for Endangered Fish Species in the Upper <br />Colorado River Basin (Recovery Program) committed to entering into an interim long- <br />term contract for the unsold portion of tile regulatory capacity remaining in Ruedi <br />Reservoir following Round II water sales. This Recovery Program action is also a <br />component of the reasonable and prudent alternative identified by the U.S, Fish and <br />Wildlife Service (Service) in the amended Rlledi Round II water sales Biological Opinion <br />dated January 6, 1999, Following the Round II sales, the remaining unsold regulatory <br />capacity was 21,650 AF (total regulatory capacity is 51,500 AF), This 21,650 AF is <br />provided in addition to the existing 40-year Memorandum of Agreement for 10,000 AF <br />(5,000 from storage and 5,000 available oIl average in four out of five years through <br />modified operations of Ruedi) for endangered fish purposes. Thus, through December <br />31, 1999 the total amount of water that could have been delivered from Ruedi Reservoir <br />for endangered fish purposes was 31,650 AF, However, pursuant to the Final <br />Programmatic Biological Opinion for the Upper Colorado River, dated December 1999, <br />the 21,650 AF from Ruedi may be reduced by one-half when water users provide the <br />other 10,825 AF from other sources. The water users have approved interim agreements <br />with the Service and this Board for providing that 10,825 AF, Until an interim long-term <br />contract can be completed, a series of I-year contracts will be used, <br /> <br />Discussion <br /> <br />The U.S, Bureau of Reclamation (USBR) must follow a formal negotlatmg <br />process in the development of the interim long-term water contract. The first step is to <br />develop the "Basis for Negotiation" The purpose of the Basis of Negotiation (BON) is <br />to set forth the background information and justification for the negotiating position, <br />Elements to be negotiated include, but are not limited to the following: <br />. Quantity and type of water supply, <br />. Water rates and fees. <br />