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<br />January 11, 2006 Draft <br />McPhee Reservoir only during the historic use period when the water rights are in priority, and <br />only when there is adequate space available in McPhee Reservoir, "so as to provide that Dolores <br />Proj ect supplies will not be reduced." <br /> <br />6. The augmentation plan decree further provides that Reclamation may pump Unit wells <br />out-of-priority without injuring vested water rights if it meets the following conditions: (I) the <br />total pumping rate may not exceed 4.94 cfs; (2) water is released from storage in McPhee <br />Reservoir at a rate to be determined by the Division Engineer; (3) if the need to augment the <br />Dolores River continues for an extended period of time, the total pumping rate can be reduced to <br />a maximum of2.0 cfs; and (4) if the storage in McPhee Reservoir allocated to the plan for <br />augmentation is exhausted and Reclamation is unable to provide a substitute supply of <br />replacement water, the Unit wells shall be subject to administration and curtailment in <br />accordance with the priority system. The CWCB was an objector in Case Nos. 83CW 45 and <br />83CWl4 and stipulated to the entry ofthe decree. <br /> <br />7. Due to several variables, including a lack of adequate storage space available in McPhee <br />Reservoir, the changed water rights have not yielded 924 acre-feet per year and Reclamation has <br />not been able to fully replace out-of-priority depletions resulting from pumping Unit wells every <br />year. The drought of 2002, MVIC placing a call on the Dolores River in 2003, and Dolores <br />Project water shortages in both years pointed out the need to develop an operating plan that <br />would more precisely quantify senior water rights and account for Reclamation's Paradox Unit <br />augmentation water. In 2004, Reclamation and the District, with the agreement of the Division <br />of Water Resources, entered into a one-year interim operating plan to, among other things, <br />provide 500 acre-feet for augmentation of the Unit's depletions. Reclamation and the District <br />have entered into another interim operating agreement for 2005, that provides for 700 acre-feet <br />to augment the Unit's out-of-priority depletions. <br /> <br />8. Reclamation and DWCD have developed a proposed allocation of downstream releases <br />from McPhee Reservoir that would guarantee Reclamation 700 acre-feet per year of water to be <br />released for augmentation of out-of-priority depletions from well pumping at the Unit. The 700 <br />acre-feet will be accounted for as part of the downstream fish and wildlife pool, which is a <br />managed pool in McPhee Reservoir from which releases are made for downstream fish and <br />wildlife. The release of the 700 acre-feet will be timed both to meet fishery needs downstream <br />of McPhee Reservoir and to meet Reclamation's augmentation requirements at the Unit, as <br />required by the Division Engineer for Water Division 4. Said releases will benefit fish <br />populations throughout the entire Dolores River ISF reach. While Reclamation will retain full <br />decision making authority for fish releases from McPhee Dam, it fully intends to meet its <br />augmentation requirements. <br /> <br />9. The parties acknowledge that in some years, Reclamation still may not be able to fully <br />replace out-of-priority depletions at the Paradox Unit, which may injure the Dolores River ISF. <br />Pursuant to Rule 8i.(3) of the Rules Concerning the Colorado Instream Flow and Natural Lake <br />Level Program, the CWCB has evaluated both the extent of the potential injury and the <br />mitigation that the guaranteed 700 acre-feet per year will provide. At its <br />meeting, the CWCB concluded that the mitigation offered by <br />Reclamation will enable the CWCB to accept the potential injury and continue to preserve the <br />natural environment to a reasonable degree in the Dolores River ISF reach. <br /> <br />2 <br /> <br />. <br /> <br />. <br /> <br />. <br />