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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />'1)'rro lIS <br /> <br />flood control releases available to Mexico by 23 kaf7yr from 1999-2015 as described in the <br />Biological Assessment (BA) Table IV-3, The offstream storage of 1.2 mafin Arizona under the <br />Rule will not affect the delivery of treaty waters to Mexico, <br /> <br />No Action Alternative <br /> <br />Under the No Action Alternative, without the Rule the Secretary will continue to deliver annual <br />apportionments to the Lower Division States and treaty water to Mexico, Nevada's declining <br />unused apportionment would be available for use in California and Arizona in a normal year, <br />Without the Rule it is possible that California and Nevada could enter into a SIRA to provide for <br />offstream storage, development, and release ofICUA. Reclamation would complete the <br />appropriate level ofNEP A analysis for such actions on a case-by-case basis. <br /> <br />C, BiololJ:ical Environment <br /> <br />1. Wildlife and Threatened and Endangered SDecies <br /> <br />Section 7(a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with <br />the Services to ensure that they are not undertaking actions likely to jeopardize the continued <br />existence of any listed species or result in the destruction or adverse modification of critical <br />habitat. Reclamation has prepared numerous NEP A documents and entered into many section 7 <br />consultations under the ESA with the Fish and Wildlife Service (Service) for LCR operations, <br />facilities, and water delivery contracts pertaining to the CAP in Arizona, the SNWS in Nevada, <br />and the LCR mainstem affecting the States of Arizona, California, and Nevada that address <br />potential effects to wildlife and threatened and endangered species and designated habitat <br />(Appendix A and C), These NEP A and ESA consultation documents are directly related to the <br />analysis of potential impacts on threatened and endangered species and their critical habitat from <br />the Rule and subsequent actions taken under the Rule and are hereby incorporated by reference <br />into this FPEA. These documents provide compliance for and represent the baseline for current <br />and projected routine LCR operations, facilities, and water delivery contracts. The noted section <br />7 consultation documents are incorporated by reference into the BA prepared for this proposed <br />action, The developing LCR Multi-Species Conservation Program (MSCP) is also incorporated <br />by reference into the BA. Storage and Interstate Release Agreements under the Rule have been <br />identified as actions to be included in the MSCP and those proposed after the completion of the <br />MSCP will be included or incorporated into the consultation with the Service for the MSCP. <br /> <br />Preferred Alternative <br /> <br />Reclamation has reviewed the Federal actions associated with the Preferred Alternative for <br />potential impacts on threatened and endangered species and their critical habitat as identified in <br />the Biological Opinion (BO) for CAP delivery, consultations for the SNWS, and the LCRBA and <br />Biological and Conference Opinion (BCO) on LCR Operations and Maintenance, Reclamation <br />believes the development and release ofICUA under the Rule will be accomplished within the <br /> <br />16 <br />