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"'- D. IlACKGROUND Reclamation operated McPhee Reservoir from 1984 to 1'iS7 using reservoir Iilling criteria which rrovidcd for sustained tills and a minimum base tiow release of 7S cubic feel per second (cfs). 111e reservoir was operated from 1987 to June 1990 according to the DPRlFES water release criteria. l1\3t criteria specitied year-round releases of 20 (dry years). 50 (normal years). or 78 (wet years) cfs to the Dolores River downstream from McPhee Dam. 111e primary purpose of the releases was establishmem of a trout tishery from the dam downstream to the Brndtield Bridge (about 12 miles downstream). From 1984 until March 1990, as a result of plentiful precipitation and the Project not being fully developed, minimum water releases from the reservoir were 78 cfs. A trcut fishery, managed by the Colorado Division of Wildlife (CDOW), was established in the Dolores River downstream to the Bradfield Bridge. Establisfunellt of the trout fishery was an identified Project benefit in the DPRlFES. An estimated 10,000 fishermen days were projected to occur annually as a result of the presence of this fishery. This figure was used in the benefit/cost calculations used to help justify the cost of the Project. However, precipitation during the winter of 1989-90 was the lowest in recorded history in the Dolores River drainage. A "dry" year determination was made by Reclamation on March I, 1990 in accordance with the DPRlFES release criteria. Downstream water releases from McPhee Reservoir were reduced from 78 cfs to 20 cfs on March I, 1990. Trout Unlimited, CDOW, and others immediately objected to the reduction in flow claiming that the established trout fishery would be irreparably damaged. As a result of this reduction in flow, a significant decline in the number and biomass of trout occurred over the period 1990-1991. A short-term resolution of the water release issue Was achieved after several meetings and negotiations between Reclamation. project water users, Trout Unlimited, and CDOW. An agreement between Reclamation and DWCD. was reached for an additional 6,000 acre-feet (AF) of Project water to be released downstream from the reservoir through October 1990. Releases were increased to 35 cfs on June 15, 1990 and to 50 cfs by June 20,1990 to minimize adverse effects on the trout fishery. On September 4, 1990, releases were reduced to 31 cfs umil October 31, 1990. An interim operation agreemem for operation of McPhee Dam from November 1, 1990 through October 3 I. 1993 (subsequemly extended through the presem) was executed between Reclamation and the DWCD. The interim agreemem provided for aiternative dam operation umil a long-term solution to the water release and trout fishery issue could be developed and implememed. Since late 1990, Reclamation has been coordinating with project water users. Trout Unlimited. CDOW, the. U.S. Fish and Wildlife Service (USF&WS), the Bureau of Land Managemem (BLM), the U.S. Forest Service (USFS) and other imerested individuals and groups to identify a long-term solution. It has also conducted additional project operation studies and conducted biological studies of the downstream fishery. Presently, Reclamation is negotiating a long-term Operatin2 A2reement for McPhee Dam with DWCD. E. INTERIM OPERATION OF MCPHEE RESERVOIR (1991 TO PRESENT) From November I. 1991 to the presen!, McPhee Reservoir has been operated according to the Interim McPhee Dam and Reservoir Operations A2reement (lOA), as amended. Key elements of the current lOA related to water releases for fish and wildlife purposes to the Dolores River are: , An imerim pool of up to 29.300 AI' available for release each water .year (November I to October 31). The 29.300 AF volume is comprised of: (1) 25,400 AF reserved for fish and wildlife purposes; (2) up to 3.900 AF of senior downstream water righls. (As of October 31. 1993, 800 AF of waler reserved for TOllen Reservoir, and included in prevIous versions of lhe lOA, have not been available for downstream release.) 7