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<br />~ <br /> <br />. <br /> <br />-river regulation, including Crystal Dam's role ofre-regulating peaking releases and the <br />flexibility for peaking operations at Morrow Point and Blue Mesa, <br />-minimum flows at the "Gunnison River below Gunnison Tunnel gage" of 300 cfs except <br />in severe droughts and emergencies. <br />-operate to attempt to prevent flows from exceeding 15,000 cfs at Delta per Corps of <br />Engineers agreements. <br />-honoring existing contracts, such as water sales and contracts, power contracts, llfi<i <br />Taylor Park Exchange agreement, and the Gunnison TunnellRidgway Reservoir <br />Exchange agreement, while recognizing that flexibility exists in certain contracts, <br />including hydropower contracts. <br />-following C€lI€lFaEl.€l water law and water rights as decreed nnder Colorado water <br />law, and the Law ofthe River. <br /> <br />Attachment A provides additional information on discretion/non-discretion. <br /> <br />. <br /> <br />II. The environmental baseline is a "snapshot" of a threatened or endangered species' <br />health at a specified point in time, normally at the time ofESA consultation. It is an <br />Endangered Species Act (ESA) term and should not be confused with the NEPA terms of <br />"Existing Conditions" or "No Action Alternative." The baseline does not include the <br />proposed action. The environmental baseline, as defined in the implementing regulations <br />for section 7, "includes the past and present impacts of all Federal, State, or private <br />actions and other human activities in the action area, the anticipated impacts of all <br />proposed Federal projects in the action area that have already undergone formal or early <br />section 7 consultation, and the impact of State or private actions that are <br />contemporaneous with the consultation in process." In the case of an ongoing Federal <br />action under consultation, such as the Aspinall Unit, the Endangered Species <br />Consultation Handbook further clarifies that "The total effects of all past activities, <br />including the effects of the past operation ofthe project, current non-Federal activities, <br />and Federal projects with completed section 7 consultations, form the environmental <br />baseline." The environmental baseline does not include future effects ofthe proposed <br />Federal action; such effects are considered under the "Effects of the Action" section. <br /> <br />The baseline includes the Upper Colorado River Recovery Program in place with goals of <br />both endangered fish recovery and the protection of existing and future water uses. The <br />baseline includes work completed (or with ESAlNEPA compliance) under the Recovery <br />Implementation Plan such as the Redlands Fish Ladder, Craig backwater, and Redlands <br />fish screen. <br /> <br />The baseline includes a description of the species' populations and their distribution and <br />habitat. In terms of Aspinall ESA compliance, the condition of the river or the <br />hydrologic portion of the baseline is important. It is also important to note that in <br />addition the baseline includes many other factors affecting the species, for example the <br />presence of non-native fish, stream channelization, water quality, etc. This paper only <br />addresses the hydrologic portion of the baseline, <br /> <br />9 <br />