BOARD01712

• Board Meeting Date: 3/10/1998
• Description: WSP Section - Colorado River Basin Issues - Memorandum of Agreement Regarding Wolford Mountain Reservoir - Releases for Endangered Fish Species - Approval
• Board Meetings - Doc Type: Memo

I) the razorback sucker was listed as endangered;
2) critical habitat was designated for the Colorado River fishes;
3) the River District redesignated its Muddy Creek Project as the "Wolford
Mountain Reservoir Project";
4) the River District enlarged (through administrative action) the capacity of
Wolford Mountain Reservoir by approximately 6,000 acre-feet;
5) the River District and the City and County of Denver, acting by and through
its Board of Water Commissioners (Denver) modified the terms oftheir Lease
Agreement; and
6) the anticipated average annual depletions of water from operation of the
Project consequently increased from 7,716 acre-feet to 13,484 acre-feet.

The purpose of the revised MOU with the Service is three.fold: l) to implement the
Reasonable and Prudent Alternative for the Wolford Mountain Reservoir Project to offset
the likelihood of jeopardy and adverse modification of critical habitat; 2) to help alleviate
the impacts of releases for the endangered fish and other purposes on trout fishing in the
Fryingpan River; and 3) to coordinate releases from Wolford Mountain Reservoir, Ruedi
Reservoir and other water sources to assist in providing flows for the recovery of the
endangered fishes,

Changes reflected in the revised MOU include additional water right decrees, and a larger
fish pool. The decrees now included are:

l)

Decree entered November 20, 1989 by the District Court in and for
Colorado Water Division No,S ("Water Court") in Case No. 87CW283;
Decree entered April 2, 1996 by the Water Court in Case No, 95CW25l
which made the rights decreed in Case No, 87CW283 partially absolute
for recreational and piscatorial uses; and
Decree entered August 26, 1997 by the Water Court in Case
No,95CW281.

2)

3)

The size ofthe fish pool was increased to provide up to 6,000 acre.feet per year,

The purpose of the revised MOA with the Board is to provide for protection of the
additional water and increased releases from Wolford to and through the l5 Mile Reach,
The River District has requested that the Board approve the MOA as revised (Attachment
2),

STAFF RECOMMENDA nON

Board staff and the Attorney General's Office have reviewed the revised MOA, The staff
recommends that the Board approve the revised MOA and direct the Acting Director of
the Colorado Water Conservation Board to sign the Agreement. Staff also recommends
that the Board reaffirm its November 21, 1994 resolution increasing the water loan
amount to 6,000 acre-feet (Attachment 3),

Attachments: 1 through 3

2

of.

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