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<br />Colorado River Water Conservation District. <br />November 19-21,2003 <br /> <br />Agenda Item 8a <br /> <br />Court records indicate that a Statement of Opposition was filed against this application by Tri- <br />State Generation and Transmission Association to protect its water right holdings in the Yampa <br />River basin, including storage rights and contracts for water in the existing Elkhead Reservoir. <br /> <br />Endanaered Species Protection <br /> <br />The Elkhead Creek Reservoir Enlargement and the Yampa River Management Plan are critical <br />components of the Upper Colorado River Basin Endangered Fish Recovery Implementation <br />Program,. In addition to other decreed uses, the reservoir enlargement will provide 5,000 acre- <br />feet of water for endangered fish critical habitat in the Yampa River, with an option to lease an <br />additional 2,000 acre-feet annually to assist the State in attaining and fulfilling Recovery <br />Program goals and obligations. <br /> <br />Once the reservoir enlargement is completed, the River District plans to perfect 5,000 acre-feet <br />of its conditional storage right for the Elkhead Reservoir enlargement and permanently convey <br />that right to the CWCB to maintain instream flows in the critical habitat reach of the Yampa <br />River. The River District has also agreed to perfect and make available by temporary lease up <br />to 2,000 acre-feet of additional water annually for this purpose. The CWCB staff is working with <br />the River District and federal agencies acting on behalf of the Recovery Program to develop the <br />legal instruments and the terms and conditions required to implement this conveyance and <br />lease. Once finalized, the terms, conditions and conveyance mechanisms will be outlined in an <br />Acquisition Agreement, which will be presented to the Board for consideration pursuant to Rule <br />6 of the Instream Flow Rules. If approved by the Board, the CWCB Stream and Lake Protection <br />Section will coordinate, monitor and protect releases of water from Elkhead Reservoir to and <br />through the critical habitat reach pursuant to the Acquisition Agreement. <br /> <br />Staff recommends that funding of this project be contingent upon the Board's approval of an <br />Acquisition Agreement that contemplates conveying to the Board an absolute water right for <br />5,000 acre-feet of water for the permanent fish pool and an annual lease agreement for up to <br />2,000 acre-feet to further help maintain instream flows in the critical habitat reach of the Yampa <br />River. Thus, in addition to other decreed uses, the reservoir enlargement will provide up to <br />7,000 acre-feet of water for critical habitat in the Yampa River, and will assist the State in <br />attaining and fulfilling Recovery Program goals and obligations. <br /> <br />Proiect Alternatives <br />During the study of the Elkhead Reservoir enlargement, the following alternatives were <br />evaluated: <br />1. Rely on water delivery from Steamboat Lake and Stagecoach Reservoir only for <br />Recovery Program needs. <br /> <br />2. Enlarge Elkhead Reservoir by raising the existing dam on the downstream face. <br /> <br />3. Enlarge Elkhead Reservoir by constructing a new dam downstream of the existing <br />structure. <br /> <br />The following is a summary of these alternatives: <br /> <br />Alternative 1 - Rely on water delivery from Steamboat Lake and Stagecoach Reservoir only for <br />Recovery Program needs. <br />This alternative was rejected because the recovery goals and obligations of the Endangered <br />Species Recovery Program, Yampa River Management Plan would not be met without <br />additional water supplies. By relying on water from Steamboat Lake and Stagecoach Reservoir <br />only, major transit losses would be experienced and the full allotment of water necessary for the <br /> <br />3 <br />