Upper Basin Recovery
Implementation Program (RIP) and
Black Canyon of The Gunnison
The RIP was established in 1988 for an initial 15 year period to help recover four endangered fish in the Upper Colorado Basin. Power revenues currently fund about 60% of the base research / study program, which now requires about $2.1 million of power revenues per year. The program requires CRSP power customers to fund approximately $6.0 million/year for a base program, with credits toward repayment, and about $17 million of a $100,000,000 capital program to implement the recovery programs. In addition, changes in Flaming Gorge and Aspinall generation as a result of the Biological Opinions cost power users $2 to $5 million per year.
CREDA has concern about efforts to continue to modify dam operations to mitigate fish impacts, as opposed to relying on “on the ground” mitigation measures, such as levee removal and fish screens.
Legislation (HR 2348) passed both House and Senate in fall, 2000, and was signed by the President on October 30, 2000. CREDA testified in support of this legislation in both House and Senate hearings. The legislation provides that in the event State funding for the program ceases, so too does power revenue funding. The legislation was supported by the Administration, Upper Basin States, CREDA, federal agencies and environmental groups. In 2005, the program authorization was increased by $15 million, to come from federal funds, to allow completion of the capital features of the program.
In July, 2000 scoping meetings for a Flaming Gorge EIS began. CREDA members UAMPS and UMPA were cooperating agencies in the process. A draft EIS was provided in early 2004, with a Record of Decision issued in February, 2006.
Recovery Goals for the four endangered fish species were published and finalized in September, 2002. The Recovery Goals establish population parameters required for down listing and de-listing of the species. The Goals covered upper and lower Colorado Basin populations. (See Glen Canyon Dam information regarding litigation filed in March, 2004). Revised drafts are pending.
Since June of 2000, the RIP participants were involved in discussions with USFW regarding their proposed flow recommendations for the Gunnison River. CREDA's concerns were threefold: 1) the flow recommendations have not included hydrologic modeling to determine the effect on power generation; 2) the flow recommendations have not had sufficient peer review; 3) the recommendations, as proposed, could significantly impact power generation from the last remaining peaking power units in the CRSP. In addition, CREDA believes it is inappropriate to develop flow recommendations based on recovery of ALL life stages of all four endangered fish species in all reaches of the river system.
In January, 2002, the National Park Service filed in Colorado Water Court to quantify water rights for the Black Canyon of the Gunnison. Over 300 entities intervened, including CREDA. In April 2003, the State of Colorado and the Interior Department entered into a settlement agreement on that issue. However, during the fall of 2003, environmental organizations filed in Federal District Court to block the settlement and stall the Water Court proceeding. The Water Court process was stayed by the Federal process. On September 11, 2006, the Federal Court ruled in favor of the Plaintiffs. A mediated settlement was reached in December 2009.
In 2004, the USBR began an EIS process for the Aspinall Unit operations. CREDA’s concerns with the process will be the ensure the scope is narrow, to maintain project purposes, and that good science is used to develop the alternatives. Argonne National Labs has done some modeling work for Western Area Power Administration that indicates the flow recommendations can be met with water that is already at risk of spill; thus alleviating the need for additional adverse dam operational changes. The draft was delayed due to Black Canyon mediation and a preliminary final EIS is under discussion (2011). The Final Draft EIS was delayed for two years in Washington, DC, and the final Record of Decision was issued on May 3, 2012