BOARD01307

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

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Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLORt\DO
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WI

MEMORANDUM

Roy Romer
Governor

James S. Lochhead
Executive Director, DNR
OariesC. Lile,P.E.
Director, eweB
Peter H. Evans
Acting Director, eWeB

TO:
FROM:

Colorado Water Conservation Board Members
Randy Seaholm, Chief #
Interstate Streams and Hydrologic Investigations Section
July 10, 1998
Agenda Item 26.k., July 13-14 1998, Board Meeting-
Colorado River Basin Issues -
Ruedi Reservoir Round II Contracts and
Annual Contract for Endangered Fish
Staff Recommendations

DATE:
SUBJECT:

Staff recommends that the Board support the proposed amendments to the 1995 Ruedi Round II
Biological Opinion in concept as listed in Attaclunent I of our July 8, 1998 memorandum to
the Board, In addition, staff recommends that the Board agree to the I-year contract with
Reclamation and the Service to deliver unsold Ruedi water to the endangered fish contingent
upon receiving a letter from Reclamation indicating that they will proceed with the 6,850 AF of
Ruedi Round II contracts pending, Finally, the following additions and clarifications should be
made to the contract for Endangered Fish:

· The proposed revisions to the 1995 Ruedi Round II Biological Opinion would require that
the Recovery Program pay for O&M costs associated with the water actually used, We
recommend that this clause be included in the both the annual contract and any longer term
Interim Agreement,

· The Programmatic Biological Opinion appears to require that as alternate sources for this
Ruedi contract water are identified and included in the Programmatic Biological Opinion
that this contract be reduced by a proportionate amount. In no case, should more than a
total of 26,650 AF of Ruedi regulatory storage be dedicated to endangered species
purposes.

. The Ruedi Round II Biological Opinion as amended should not be used directly or
indirectly by any federal agency as a basis for the imposition of bypass flows or other
regulatory requirements for the purpose of providing flows in the 15-MR, whether through
permit proceedings or other regulatory actions, This contract should be unenforceable if
any federal agency uses or seeks to use, directly or indirectly, the Ruedi Round II
Biological Opinion in violation of this paragraph.

· The Service should stipulate that the proposed revisions to the May 1995 Ruedi Round II
Biological Opinion and the proposed contract will contribute significantly to sufficient