BOARD01632

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Acquisition - Elkhead Reservoir Enlargement
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: (303) 866,3441
FAX: [phone]
www.cwcb.state.CO.U5

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

TO:

CWCB Members

Rnd Kuharich
CWCB Director

FROM:

Randy Seaholm
Anne Janicki

Dan McAuliffe
Deputy Director

DATE: August 18,2004

SUBJECT: Agenda Item 10 - September 14-15,2004 CWCB Meeting
Stream and Lake Protection Program
Elkhead Reservoir Enlargement Water Right Acquisition

Backaround

The Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River
Basin ("Recovery Program") was created on September 29, 1987 and was implemented by a Cooperative
Agreement signed in January of 1988 by the Secretary of the Department of the Interior, the Governors of
the States of Colorado, Utah, and Wyoming and the Administrator of the Western Area Power
Administration. The goal of the Recovery Program is to recover four species of endangered fish while
allowing water development to proceed consistent with state water law and in compliance with the Federal
Endangered Species Act in the Upper Colorado River Basin in the states of Colorado, Utah, and Wyoming.

In September 1993, the CWCB and the U,S. Fish and Wildlife Service ("Service") entered into an
Enforcement Agreement concerning water, water rights or interests in water appropriated or acquired for
Recovery Program purposes. The agreement stated that the Service would rely on the Board to
appropriate, acquire and enforce instream flow water rights for the listed species under state law, and that
any acquisition of water, water rights or interests in water by CWCB for the benefit of the four listed fish
species shall be considered in determining whether there has been sufficient progress for the Recovery
Program to continue to function as a reasonable and prudent alternative to avoid the likelihood of jeopardy
to those species from existing and new water developments,

Also in 1993, the Recovery Program began work on a Management Plan for the endangered fish
species in the Yampa River basin ("Yampa Plan"). The purpose of the plan was to identify specific
management actions to promote recovery of endangered fish species in light of future depletions from the
Yampa River basin to serve projected human needs. Among other recovery actions, the Yampa Plan
identified a need for up to 7,000 acre-feet (AF) of water to augment base flows in the Yampa River, primarily
below the town of Maybell, during late July through early October. To meet this need, the Yampa Plan

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water S~pply Protection. Conservation and Drought Planning