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<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
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