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MEMORANDUM TO: Colorado Water Conservation Board Members FROM: Randy Seaholm Chief, Water Supply Protection DATE: May 12,2002 SUBJECT: Agenda Item 22f, May 20-21, 2002, Board Meeting - Colorado River Basin Issues - Ruedi Reservoir - Proposed Annual Contract to Deliver 10,825 AF to Endangered Fish in the IS-Mile Reach and Negotiation of a Contract to Accomplish Same Through 2012 Backl!round The Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (Recovery Program) committed to entering into an interim long- term contract for the unsold portion of the regulatory capacity remaining in Ruedi Reservoir following Round II water sales. This Recovery Program action is also a component of the reasonable and prudent altemative identified by the U.S. Fish and Wildlife Service (Service) in the amended Ruedi Round II water sales Biological Opinion dated January 6, 1999. Following the Round II sales, the remaining unsold regulatory capacity was 21,650 AF (total regulatory capacity is 51,500 AF). This 21,650 AF was to be provided in addition to the existing 40-year Memorandum of Agreement for 10,000 AF (5,000 from storage and 5,000 available on average in four out of five years through modified operations of Ruedi) for endangered fish purposes. Thus, through December 31, 1999 the total amount of water that could have been delivered from Ruedi Reservoir for endangered fish purposes was 31,650 AF. However, pursuant to the Final Programmatic Biological Opinion for the Upper Colorado River, dated December 1999, the 21,650 AF from Ruedi may be reduced by one-half when water users provide the other 10,825 AF from other sources. The water users (Denver Water and Colorado River Water Conservation District) approved interim agreements with the Service and this Board in April 2000 for providing that 10,825 AF. Thus, the amount of the last two Ruedi water contracts for endangered fish water with Reclamation and the Service have been limited to 10,825 AF as is this contract for 2002. Discussion The proposed contract (Attachment 1) will be identical to the 2000 and 2001 1- year contracts for 10,825 AF with the following exceptions and necessary date changes: