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, this potential injury the BoR has agreed to enter into an agreement with the Dolores Water Conservancy District (District), the operator of McPhee Reservoir, guaranteeing 700 acre-feet of water per year will be released from McPhee Reservoir to augment the out-of-priority depletions caused by the operation of the PVU. It has been estimated that only 45 percent of the water released from McPhee Reservoir reaches the stream reach affected by the out-of-priority depletions due to transit losses. The guaranteed 700 acre-feet of augmentation water will be added to the existing McPhee Reservoir Fish and Wildlife Storage Pool. This addition to the Fish and Wildlife Storage Pool will allow the augmentation water to be stored and released to maximize the benefits to the downstream fishery and replace the out-of-priority depletions more successfully. .' .In addition, if the amount of out-of-priority depletions changes the BoR has agreed to reevaluate the mitigation plan. Any amendments to the plan must be made in writing and must be fully executed prior to commencement of any changes to the PYU. Dolores River Benefits In addition to the benefits from the operation of the PYU, decreased salinity in the Dolores River, the proposed mitigation plan guarantees 700 acre-feet of water will be released upstream of the out-of- priority depletions occurring from the operation of the PYU. Depending on stream conditions, approximately 315 acre-feet of the augmentation water should reach the area of those depletions, approximately 95 miles downstream. However, the 31 S acre-feet of augmentation water may not replace the estimated maximum 300 acre.feet of out-oi-priority depletions in the exact timing in which they occUr. The DOW believes the 385 acre-feet of additional augmentation water that is released and lost to evaporation, transpiration and groundwater recharge, before reaching the area of out-of-priority depletions, mitigates any potential injuiy related to the non-augmented out-of-priority depletions. The . natural environment of the Dolores River downstream of McPhee Reservoir benefits from the additional reservoir releases by increasing stream flows below the dam. DOW Recommendation The DOW recommends the CWCB approve the attached Tnjury with Mitigation Plan. s~~' Mark Uppendahl Colorado Division of Wildlife Instream Flow Program Coordip.ator Cc: Jay Skinner, CDOW Water Unit Program Manager - wlo attaclunents Mike Japhet, CDOW Senior Fish Biologist - Southwest Region - wlo attachments Dave Oraf, CDOW Southern Colorado Water Rights Specialist - wlo attachments Patt Dorsey, CDOW A WM Area - wlo attaclunents Chris Kloster, CDOW Conservation Biologist - - wlo attachments .