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<br />- <br />, ' <br /> <br />---) <br /> <br />- <br /> <br />10 <br /> <br />Water Riqhts <br /> <br />The consideration of senior conditional water rights is of particular concern <br />when new actions are proposed which have the potential of affecting future <br />water use in the Colorado River basin. This opinion relies upon the study <br />conducted for Reclamation (Reclamation, 1984) to address conditional rights as <br />they might affect Ruedi Round II/Green Mountain water sales. Reclamation <br />(I984) included what it believed were sufficient flows above estimates of the <br />theoretical demand at Cameo to account for both absolute and reasonable senior <br />conditional rights. These rights are then satisfied in the model before any <br />water sale deliveries are made from Ruedi. This creates a replacement pool in <br />Ruedi Reservoir which is maintained to ensure that all rights can be <br />sat i sfied. <br /> <br />Historically, the concept of a replacement pool was an important consideration <br />in the authorization of the Fryingpan-Arkansas Project.. House Document 353 <br />addresses the establishment of the replacement pool to ensure that both east <br />and west slope water users would be protected. The replacement pool was one <br />of the key compromises which led to the agreements allowing the project to go <br />forward. <br /> <br />. <br /> <br />The Service has been informed that Reclamation has considered the various <br />decrees, congressional documents and water rights associated with storage of <br />water at Ruedi and Green Mountain Reservoirs. Reclamation has further stated <br />that these rights and decrees were incorporated into the operation studies <br />delivered to the Service for the formulation of this opinion. <br /> <br />BASIS FOR OPINION <br /> <br />Water depletions have been recognized by the Service as a major source or <br />impact to endangered fish species in the Upper Colorado River Basin. <br />Continued water withdrawal has restricted the ability of the Colorado River <br />system to produce flow conditions required by various life stages of the fish. <br />Impoundments and diversions have reduced peak discharges by 50 percent since <br />1942 while increasing low flows by 21 percent in some reaches and drastically <br />reducing flows in a IS-mile river reach near Grand Junction immediately above <br />the confluence of the Gunnison River. This along with a number of other <br />factors, has resulted in such drastic reductions in the populations of <br />Colorado squawfish, humpback chub, and bony tail chub that the Service has <br />listed these species as endangered and has implemented measures to conserve <br />and prevent them from becoming extinct. Both the direct and additive effects <br />of depletions on the river system are considered in the formulation of this <br />biological opinion. <br /> <br />COLORADO SQUAWFISH <br /> <br />. Status <br /> <br />The Colorado squawfish evolved as the main predator fish in the Colorado River <br />system. The diet of Colorado squawfish longer than 3 or 4 inches consists <br />