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Memo to Colorado Water Conservation Board Members From: Peter Evans and Gene Jencsok Date: October 17,1995 SUBJECT: Agenda Item 2, October 20, 1995 Board Meeting Endangered Fish Recovery ISF Water Right - Colorado River (Mainstem) Page 9 release of water from Ruedi Reservoir, improvements in the operation of the Grand Valley Project's diversion and delivery facilities, reoperation of the Colbran and Silt Projects by the Bureau of Reclamation, and studies to evaluate the potential for cooperative reoperation of other federal and non-federal reservoirs upstream from the 15 Mile Reach. The FWS has agreed to stop recommending "bypass flow" requirements for inclusion in federal permits if the states and the water users support the comprehensive evaluation and cooperative implementation of the reservoir reoperation measures. The staff of the eWCB has participated in these efforts while implementing the CWCB decisions to appropriate instream flow water rights within the 15 Mile Reach for 581 cfs based on water made available by the Cameo call and Orchard Mesa Check operations, and 300 cfs return flows based on diverted waters which return to this segment of the river during the months of July - September. STAFF RECOMMENDATION The following is one of several options which have been developed through extensive consultations over the last year among representatives of the Colorado Water Conservation Board (CWCB), State Engineer and Division Engineers, Attorney General, Colorado River Water Conservation District, Colorado Water Congress, U.S. Fish and Wildlife Service (FWS), and many other water interests for consideration by the CWCB in late 1995 as a part of its efforts to appropriate endangered fish recovery instream flows in the Colorado River. Concept The CWCB should appropriate the following two instream flow water rights: a) "Base Flow Water Right," with an appropriation date of December 20,1995, and b) "Recovery Flow Water Right," with and appropriation date of December 21, 1995 [The Base Flow Water Right is intended to be at least one day senior to the Recovery Flow Water Right] The Base Flow Water Right, consisting of the 100% exceedance flow or some lesser amount during the Non Runoff and Runoff months will be appropriated as follows: Month Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep cfs 810 1240 1240 1240 1240 1240 1860 7260 6850 1480 810 810 (Option 1) cfs 581 810 810 810 810 810 581 581 581 581 581 581 (Option 2) cfs 810 1240 1240 1240 1240 1240 1240 1240 1240 1240 810 810 (Option 3) The Base Flow Water Right should not be subordinated to junior water rights. A call should be placed whenever the flow at the Palisade gage is less than the Base Flow Water Right. 95C 1497