Laserfiche WebLink
<br />cr <br />\C.~~ <br />~~ <br />d c.". <br />~c)O <br /> <br />tt..J.i'. ~t., <br />"0 ~ <br />GIU ,,"" <br />'7' <br /> <br />\, 06~~ <br />V~~ <br />",I. <br /> <br />8 <br /> <br />I, Habitat Protection Element <br /> <br />General protection <br /> <br />The Service and the Colorado Water Conservation Board entered into a Memorandum of <br />Agreement on September 21, 1993, wherein the Board agreed to ", . , take such actions under <br />state law, including requesting administration by the State Engineer and the appropriate division <br />engineer and initiating water court proceedings, as may be necessary to fully exercise its water <br />rights or to obtain delivery of acquired water or interest in water. Such water shall be protected <br />within the entire stream reach for which the appropriation or acquisition is made." This <br />agreement (commonly called the Enforcement Agreement) provided a legal mechanism to protect <br />water obtained for the endangered fish under the Recovery Program, Categories of water this <br />could apply to include contract deliveries, water leases, and acquired water rights. <br /> <br />Late Summer and Fall Base flow period augmentation <br /> <br />On September 2, 1997, the Colorado Water Court granted the CWCB an instream flow decree <br />for 581 cfs in the 15.Mile Reach during July, August, and September. This decree protects the <br />Orchard Mesa Pumping and Power Plant return flows that enter the river at the top ofthe 15.Mile <br />Reach, In addition, the Colorado Water Court has granted the CWCB a 300 cfs instream flow <br />right for water accretions occurring in the IS-Mile Reach during July, August, and September. <br />These two instream flow rights provide protection from future diversions of water in the 15.Mile <br />Reach, Additionally, 5,000 acre-feet annually plus an additional 5,000 acre-feet, 4 out of 5 years, <br />is made available from Ruedi Reservoir by Reclamation, in consultation with the Service and the <br />CWCB when needed by the fish, Protection of these releases is accomplished pursuant to the <br />terms of an agreement between Reclamation, the CWCB, and the Service, which provides for the <br />delivery and protection of that water in stream to and through the IS-Mile Reach, Typically the <br />Service requests deliveries during July, August, and September. <br /> <br />In accordance with a 1995 biological opinion for Ruedi Reservoir Round II Water Sales, which <br />was amended January 6, 1999, Reclamation, Colorado Water Conservation Board and the Service <br />have signed I.year agreements for 21,650 acre-feet/year of water (in addition to the 5,000 acre- <br />feet/year plus 5,000 acre.feet 4 out of 5 years mentioned above) from Ruedi Reservoir, Under <br />the amended Ruedi opinion, Reclamation is to provide the 21,650 acre.feet of water from Ruedi <br />Reservoir for a period of IS years through short- or long.term agreements beginning the first year <br />the Recovery Program pays associated operation and maintenance costs, which costs were first <br />paid for water released in 1998. Also, under the amended opinion, Reclamation proceeded with <br />immediately contracting for up to 6,135 acre-feet of 17,000 acre-feet of Ruedi Round II water <br />sales. <br /> <br />,,,,tOThis programmatic biological opinion will take precedence over the amended Ruedi opinion, but <br />fJ'~ does not require additional commitments of water from Ruedi Reservoir. Reclamation.s <br />t' ~ 21,650 acre.foot/year commitment is reduced by half, when the water users provide 10,825 <br />~ <br />i'1)1 <br />