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<br />~'ry <br />~8._ <br />S~ <br /> <br />INTRODUCTION AND BACKGROUND <br /> <br />In a February 27, 1980, memorandum to the Regional Director of the Upper <br />Colorado Region, Water and Power Resources Service, now Bureau of Reclamation <br />(Reclamation), the U.S. Fish and Wildlife Service (Service) requested <br />consultation on projects under construction and on the continued operation of <br />all existing Reclamation projects in the Upper Colorado River Basin. <br />Reclamation agreed with the Service's request and by memorandum dated March 27, <br />1980, formalized the initiation of consultation on Flaming Gorge Dam. On <br />August 9, 1991, the Western. Area Power Administration became party to this <br />consultation, with Reclamation remaining the lead agency. <br /> <br />Coincident with issuance of the Biological Opinion for the Strawberry Aqueduct <br />and Collection System dated February 27, 1980 (subsequently amended on <br />August 31, 1990), Section 7 consultation was begun on the continued operation <br />of Flaming Gorge Dam. The Strawberry Aqueduct and Collection System biological <br />opinion determined that depletions in the amount of 143,000 acre-feet from the <br />Duchesne and Green Rivers would be "likely to jeopardize the continued <br />existence of the Colorado squawfish and humpback chub." The 1978 amendments to <br />the Endangered Species Act (Act) allowed for development of a reasonable and <br />prudent alternative if a jeopardy opinion was issued. The reasonable and <br />prudent alternative for the Strawberry Aqueduct and Collection System was that <br />FlaminQ GorQe Dam and reservoir would compensate for those depletions and would <br />be oDe rated for the benefit of endanQered fishes. <br /> <br />Jeopardy opinions were also issued for the Upalco, Jensen, Strawberry Aqueduct <br />and Collection System and Uinta projects of the Central Utah Project during the <br />late 1970's and early 1980's. The reasonable and prudent alternative for each <br />of these jeopardy opinions was re-operation of Flaming Gorge Dam to provide <br />flows required for endangered fishes. In addition, the Service stated that it <br />would further evaluate and recommend flows needed by the endangered fishes in a <br />biological opinion for the continued operation of Flaming Gorge Dam. <br /> <br />After completion of the Strawberry opinion, the Service and Reclamation <br />determined that insufficient data existed on flow requirements of endangered <br />Colorado River fishes, and that a biological opinion on the continued operation <br />of Flaming Gorge Dam should not be issued until further studies were conducted. <br />From 1980-1991 there was a series of agreements between the Service and <br />Reclamation delaying the issuance of a biological opinion until studies were <br />completed and enough scientific data collected to recommend specific flows. <br />What was termed "normal operation" was evaluated from 1979-1984. This was <br />followed by an interim flow agreement which constrained summer flows; these <br />constrained flows were studied from 1985-1991. <br /> <br />The most important agreement came as a result of the Recovery Implementation <br />Program for Endangered Fish Species in the Upper Colorado River Basin <br />(U.S. Fish and Wildlife Service 1987) (Recovery Program) which directed <br />Reclamation and the Service to: <br />