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<br />10 <br /> <br />Also, the Service and the Colorado River Water Conservation District executed a Memorandum <br />of Understanding in January 1998, pursuant to the Wolford Mountain biological opinion for <br />storage and delivery of water to the 15-Mile Reach. Each year the River District makes available <br />up to 6,000 acre-feet of water from Wolford Mountain Reservoir to benefit endangered fish <br />habitat in the 15-Mile Reach of the Colorado River. The Wolford water is released by the River <br />District at the discretion and direction of the Service, Protection of the releases is accomplished <br />pursuant to the terms of an agreement between the River District, the CWCB, and the Service <br />which provides for the delivery and protection of that water instream to and through the 15-Mile <br />Reach pursuant to the Enforcement Agreement. <br /> <br />Additionally, the Recovery Program will construct features of the Grand Valley Water <br />Management Project by the dates specified in the Recovery Action Plan, A study of canal <br />operations from 1992-1994 showed the amount of water spilled from the Government Highline <br />Canal in August, September, and October averaged 31,400 acre-feet. Once this project is <br />completed, canal spills will be reduced by 19,400 acre-feet and approximately 9,000 acre-feet will <br />be redirected to return to the Colorado River, through the Palisade Pipeline, above the 15-Mile <br />Reach, In average and below average runoff years, the majority of the reduced canal spills will <br />contribute to an increased surplus storage condition in Green Mountain Reservoir's Historic User <br />PooL "Surplus HUP water" is water in excess of the needs of the HUP beneficiaries as defined in <br />paragraph 8 of the Green Mountain Reservoir Operating Policy (Federal Register, Volume 48, <br />Number 247, December 22, 1983, as amended in Federal Register, Volume 52, Number 176, <br />September II, 1987) and the Stipulation and Agreement of the Orchard Mesa Check Case <br />(Colorado Water Division 5, 9ICW247). Surplus HUP water can be released from Green <br />Mountain Reservoir and legally protected to indirectly improve flow conditions in the 15-Mile <br />Reach, Therefore, implementation of the Grand Valley Water Management Project will result in <br />up to 28,400 acre-feet (19,400 plus 9,000) of additional flows in the 15-Mile Reach, The project <br />consists of adding 7 new check structures to the canal system, automation of the new and existing <br />check structures, construction of the I,OOO-foot Palisade Pipeline and the construction of the <br />Highline Lake Pumping Station. Construction is to begin when this biological opinion is finalized <br />and contracts with the Grand Valley Water Users Association have been completed. The August <br />2002 construction completion date is dependent on finalization of the biological opinion in <br />December 1999. <br /> <br />Recovery Program participants have agreed to execute contracts, agreements, or other acceptable <br />legal protection mechanism for delivery of surplus HUP water, including surplus water made <br />available by Grand Valley Water Management Plan, to and through the 15-Mile Reach. <br />Protection will occur in two phases, The first phase will protect water to and through the 15-Mile <br />Reach up to the excess capacity of the Grand Valley Power Plant pursuant to the Orchard Mesa <br />Check Settlement and will be completed in accordance with the schedule in the current RAP. The <br />second phase will legally release and protect additional surplus HUP water to the degree it is <br />deemed available and needed for enhancement of flows in the 15-Mile Reach, The amount of <br />available surplus HUP water will be increased through improvements to the Grand Valley Project <br />accomplished under Grand Valley Water Management Plan, as described in the above paragraph, <br />