<br />9
<br />
<br />acre-feet/year, Reclamation's reduced commitment (21,650 minus 10,825) will continue for the
<br />15-year period referenced in the Ruedi amendment (through the year 2012), Once Reclamation
<br />provides the reduced commitment through a long-term agreement (rather than the
<br />I-year agreements), and this programmatic biological opinion is finalized, Reclamation may, as
<br />demand materializes, contract for the remainder of the 17,000 acre-feet of Ruedi Round II water
<br />(17,000 minus 6,135 equals 10,865) discussed in the Service's opinion dated May 26, 1995, as
<br />amended on January 6, 1999, A long term agreement will be finalized five months from the date
<br />of this final biological opinion or by a later date if it is specified in modifications to the Recovery
<br />Action Plan,
<br />
<br />The water users' commitment for 10,825 acre-feet/year is divided equally between east and west
<br />slope water user entities. The water users' commitment was formalized in a letter dated
<br />September 16, 1998, and through the proposed Agreements for the Interim Provision of Water to
<br />the 15-Mile Reach of the Colorado River (Appendix C), Reclamation will participate in the
<br />process of deciding how to meet this commitment.
<br />
<br />Once this programmatic biological opinion is finalized and the water users have provided their
<br />10,825 acre-feet/year, Reclamation may contract under this consultation for the other half (10,825
<br />acre-feet/year subtracted from its 21,650 acre-feet/year commitment equals 10,825
<br />acre-feet/year), described above, provided the demand materializes and new depletions allowable
<br />under this programmatic biological opinion will not be exceeded, Under this consultation
<br />Reclamation may contract for the Ruedi water, which was committed in the long-term agreement
<br />through the year 2012, beginning in the year 2013, provided the demand materializes and new
<br />depletions covered by this programmatic biological opinion will not be exceeded,
<br />
<br />The east and west slope water users' commitment of 10,825 acre-feet annually, referred to in the
<br />previous paragraph, will be dedicated by water user entities from existing or new Colorado Water
<br />Division Number 5 Facilities. Initially, this water will be provided on an interim basis as described
<br />in the proposed Agreements for the Interim Provision of Water, and then, it will be provided on a
<br />permanent basis for delivery, as needed by the fish, The water user entities will determine which
<br />facilities the water will be released from and will execute any necessary agreements, Until the
<br />permanent source(s) of this water are determined by the water user entities, IO-year Agreements
<br />for the Interim Provision of Water to the 15-Mile Reach of the Colorado River will be entered
<br />into by the Colorado River Water Conservation District, the City and County of Denver, acting by
<br />and through its Board of Water Commissioners, and the Service, Denver Water and the River
<br />District have agreed to provide the water for 10 years, This programmatic opinion does not
<br />restrict the water user entities from securing for Ruedi Reservoir water as a source for meeting
<br />their commitment. These leases and agreements are for delivery of water to be used in late
<br />summer/early fall beginning in 2000 to meet base flow needs, The agreements are to be signed
<br />concurrently with this final programmatic biological opinion. No later than the end of the 10
<br />years, an agreement is to be executed by the water entities and the Service to furnish a permanent
<br />source of water to be provided annually to the 15-Mile Reach to benefit endangered fishes,
<br />
|