Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />- <br /> <br />January 11, 2006 Draft <br />10. This Agreement sets forth the basis for and terms of the injury with mitigation agreement <br />of the parties. The parties acknowledge that the elements of the Unit may need to be replaced, <br />upgraded or changed in the future, and that any such action by Reclamation could necessitate <br />amending this Agreement. <br /> <br />Agreement <br /> <br />Now, therefore, in consideration of the above recitals and other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> <br />A. Water Year. As used in this Agreement, the terms "annual" and "annually" refer to the <br />downstream fish and wildlife pool water year, which runs from April 1 to March 31. <br /> <br />B. Ouantification of Iniurv to Dolores River ISF <br /> <br />1. Annual depletions ofthe Unit since 1990 have ranged from 6 acre-feet in 1990 to 509 <br />acre-feet in 1998, with the past four years' total depletions averaging 309 acre-feet. <br />Records show that the actual historical average injury to the Dolores River ISF since <br />1997 - when the Unit became fully operational- is 240 acre-feet, the amount of out- <br />of-priority depletions incurred. Reclamation has no plans to increase depletions <br />above 309 acre-feet in the future. While Reclamation does not currently plan to <br />increase depletions, the potential exists that Reclamation may determine that it needs <br />to pump brine for more days per year than it currently does, which is 325 days a year. <br />If Reclamation were to pump brine at the Unit 365 days per year, additional out-of- <br />priority depletions of up to 60 acre-feet could result, which may not be replaced. <br /> <br />2. The Division Engineer for Water Division 4 currently assesses transit losses on the <br />Dolores River from McPhee Reservoir to the Paradox Unit at a rate of 55%, with such <br />assessment rate subject to change at any time if necessary under the Division <br />Engineer's statutory authority. Using a transit loss rate of 55%, approximately 315 <br />acre-feet ofthe 700 acre-feet released from McPhee Reservoir would reach the Unit <br />to replace out-of-priority depletions. At the current rate of depletion and actual <br />historical injury, the 700 acre-feet release will be sufficient to replace such depletions. <br />However, the augmentation water may not always replace the out-of-priority <br />depletions at the time they occur. <br /> <br />C. Mitigation of Iniurv to the Dolores River ISF <br /> <br />1. Prior to the initiation of the Unit's operation, the salinity levels in the Dolores River <br />through Paradox Valley most often exceeded levels that aquatic life could tolerate. <br />Aquatic studies conducted by the Colorado Division of Wildlife in the mid 1970s <br />concluded that only during periods of high flow, typically associated with spring <br />snow melt, could fish inhabit the lower seven miles of river downstream of Paradox <br />Valley. The Unit's operations have significantly benefited the natural environment of <br />the Dolores River at and below the Unit as follows: By 1996, about ninety per cent <br />reduction ofthe brine inflow had been realized (313 tons per day to 29 tons per day). <br />(USGS, 2003). This reduction in total dissolved solids has allowed aquatic organisms <br />to inhabit the last seven miles of the Dolores River to its confluence with the San <br /> <br />3 <br />