WSP07740

• File Number: 8240.200.46.D.3
• Description: Ruedi Reservoir
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/28/1997
• Title: Amendment to Ruedi Biological Opinion
• Water Supply Pro - Doc Type: Biological Opinion

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DRAFT

ESjGJ-6-CO-95-F-009
CO/KSjNE/UT

August 28, 1997

Memorandum

To:

Regional Director, Bureau of Reclamation, Missouri Region,
Billings, Montana (Attention: Area Manager--Loveland, Colorado)

Regional Director, Region 6
U.S. Fish and Wildlife Service
Denver, Colorado .

Draft Amendment to the Final Biological Opinion for Round II Water
Sale from Ruedi Reservoir

From:

Subject:

This responds to your July 25, 1997, memorandum regarding section 7
consultation for the continuance of Ruedi Round II water sales. Your
memorandum states that Reclamation has been unable to implement all the
elements of the reasonable and prudent alternative presented in the
May 26, 1995, biological opinion on the subject project. Reclamation has been
unable to implement element 2 of the alternatives which require an interim
agreement between Reclamation, the Service, and the Colorado Water
Conservation Board that will make the remaining uncommitted yield (21,650
acre-feet) of Ruedi Reservoir available for release and delivery through the
IS-mile reach, for the benefit of the Colorado River endangered fishes.
Therefore, in February 1997, the Service asked Reclamation to refrain from
issuing further Round II water contracts. The Service understands that
Reclamation currently has requests for approximately 6,000 acre-feet of water
from Ruedi Reservoir.

As an amendment to the 1995 biological opinion, the Service has developed the
following reasonable and prudent alternative to replace the reasonable and
prudent alternative presented in the 1995 opinion.

REASONABLE AND PRUDENT ALTERNATIVE

Regulations (50 CFR 402.02) implementing section 7 of the Act define
reasonable and prudent alternatives as alternative actions, identified during
formal consultation, that: (1) can be implemented in a manner consistent with
the intended purpose of the action; (2) can be implemented consistent with the
scope of the action agency's legal authority and jurisdiction; (3) are
economically and technologically feasible; and (4) would, the Service
believes, avoid the likelihood of jeopardizing the continued existence of
listed species or resulting in the destruction or adverse modification of
critical habitat.

On January 21-22, 1988, the Secretary of the Interior; the Governors of
Wyoming, Colorado, and Utah; and the Administrator of the Western Area Power
Administration were cosigners of a Cooperative Agreement to implement the
"Recovery Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin" (U.S. Fish and Wildlife Service 1987). An objective of
the Recovery Program was to recover the listed species while providing for new