BOARD02631

• Board Meeting Date: 3/29/1999
• Description: WSP Section - Colorado River Basin Issues - Ruedi Reservoir - Proposed Contract for the Release of 21,650 AF to Endangered Fish in the 15-Mile Reach
• Board Meetings - Doc Type: Memo

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Colora,do Water Conservation B<(ard
Department of Natural Resources
1313 Sherman Street
Denver, Colorado 80203
Phone, [phone]
FAX: 13031 ~66-4474

STATE OF COLORf\DO

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8ill Owens
Governor

MEMORANDUM

GregE. Walcher
Executive Director, DNR
Peler H. Evans
Director, CWCB

TO:
FROM:

Colorado Water Conservation Board Members
Randy Seaholm~
Sue Uppendahl S ~
March 19, 1999
Agenda Item 211, March 29-30, 1999, Board Meeting-
Ruedi Reservoir - Proposed Contract for the Release of 21,650 AF to
Endangered Fish in the IS-Mile Reach

DATE:
SUBJECT:

Backnound

The Recovery Implementation Prograrn for Endangered Fish Species in the Upper
Colorado River Basin committed to entering into an interim long-term contract for the
unsold portion of the regulatory capacity remaining in Ruedi Reservoir following Round
II water sales. This Recovery Prograrn action is also a component of the reasonable and
prudent alternative identified by the U.S. Fish and Wildlife Service for the arnended
Ruedi Round II water sales biological opinion dated January 6, 1999 (Attachment 1).
Following the Round II sales, the remaining unsold regulatory capacity arnounts to
21,650 acre-feet of the total 51,500 acre-feet of regulatory capacity. This 21,650 acre
feet is provided in addition to the existing 40-year Memorandum of Agreement for
10,000 acre feet (5,000 from storage and 5,000 available on average in four out of five
years through modified operations of Ruedi) for endangered fish purposes. Thus, the
total arnount of water that could be delivered from Ruedi Reservoir for endangered fish
purposes would be 31,650 acre-feet.

Discussion

The proposed contract (Attachment 2) is identical to the 1998 I-year contract for
21,650 acre-feet. The proposed contract remains for only one year in order to allow
negotiations on the programmatic biological opinion and issues related to a long-term
contract to continue. The interests involved only supported the previous I-year contract
so long as it was clearly understood that the issues listed below would be addressed
during the negotiation of the long-term interim contract. The major issues include:

. Ruedi Reservoir repayment costs and whether or not the water made available to
endangered fish should be paid for. If payment is required, who should pay and how
should payment be accomplished? Assurances are needed that we are not increasing
costs to other water users with contracts providing water to the endangered fish.
Progress: In 1998, the Recovery Prograrn, via the U.S. Fish and Wildlife Service,
paid O&M costs pursuant to the contract in the arnount of$61,919.