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-2 - 83CWI4 (Water Division 4). Reclamation sought to change several surface water rights from irrigation to replacement storage for salinity control and fish and wildlife propagation in McPhee Reservoir. The Dolores Water Conservancy District ("District") operates McPhee Reservoir as part ofthe Dolores Project, using water stored in McPhee Reservoir for irrigation, municipal and industrial use, recreation, fish and wildlife, and production of hydroelectric power. After consolidation of the two applications, the Division 4 Water Court entered a decree in both cases on February 5, 1986 ("1986 Decree"). The Court found that the changed water rights' average annual consumptive use was 924 acre-feet. The 1986 Decree provides that Reclamation may storc the consumptive use amount of the changed water rights in McPhee Reservoir and use that watcr to rcplace out-of-priority depletions in the Dolorcs River resulting from out-of-priority pumping of one or more wells at the Unit. Releases will be made from McPhee Reservoir to replace said depletions along with the necessary transportation losses as assessed by the Division Engineer for Division 4. However, the decree permits Reclamation to store the changed water rights in McPhee Reservoir only during the historic use period when the water rights are in priority, and only when there is adequate space available in McPhee Reservoir, "so as to provide that Dolores Project supplies will not be reduced." The 1986 Decree further provides that Reclamation may pump Unit wells out-of-priority without injuring vested water rights if it meets the following conditions: (1) the total pumping rate may not exceed 4.94 cfs; (2) water is released from storage in McPhee Reservoir at a rate to be determined by the Division Engineer; (3) if the need to augment the Dolores River continues for an extended period of time, the total pumping rate can be reduced to a maximum of 2.0 cfs; and (4) if the storage in McPhee Reservoir allocated to the plan for augmentation is exhausted and Reclamation is unable to provide a substitute supply of replacement water, the Unit wells shall be subject to administration and curtailment in accordance with the priority system. The CWCB was an objector in Case Nos. 83CW45 and 83CWl4 and stipulated to the entry of the decree. However, neither the CWCB's statement of opposition nor the stipulation or decree specifically addressed the Dolores River ISF. Under the above-mentioned limitations in the decree, the changed water rights have not always yielded 924 acre-feet per year and Reclamation has not been able to fully replace out-of-priority depletions resulting from pumping Unit wells every year. To address this situation, Reclamation and the District have developed a proposed allocation of downstream releases from McPhee Reservoir that would guarantee Reclamation 700 acre-feet per year of water to be released for augmentation of out-of-priority depletions from well pumping at the Unit. The proposed allocation will be documented in a separate operating agreement between the District and Reclamation. Reclamation and the District have entered into an interim operating agreement for 2005 that provides for 700 acre-feet to be released from McPhee Reservoir to augment the Unit's out-of-priority depletions. Iniurv with Miti2ation Proposal The release of the 700 acre-feet from McPhee Reservoir will be timed both to meet fishery needs downstream of the Reservoir and to meet Reclamation's augmentation requirements at the Unit. Said releases will benefit fish populations throughout the entire Dolores River ISF reach. Flood Protection. Water Project Planning <lnd Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning ~( ~ ~ e . e