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I I I I I I I I I I I I I I r I I I I The USBR has consulted with the USFWS on the effects of water depletion under the Subcontract on threatened and endangered species pursuant to Section 7 of the Endangered Species Act. By memorandum of February 15, 200 I, the USFWS concluded, "Based on the information in the BA and additional information received by the U.S. Fish and Wildlife Service (Service [USFWS]), the JA TWS [(Jicarilla Apache Tribe Water Subcontract)] will not change depletions in the San Juan Basin. The Snvice [USF"Vv'SJ l;um;urs with Lnt: [USaR] BOR ut:tt:rminaiiun uf"lIu t:fft:f.;l" un Lht: bia\,;k-Iuult=U It:;('ld (Musre/a nigrips), Mexican spotted owl (Strix accidenta/is lllcida), bald eagle (Ha/iaeetlls leucacephalus), Knowlton's cactus (Pediacactus knawlranii), Mesa Verde cactus (Sclerocac/us mesae-verdae) and Mancos milkvetch (Astragalus humillimlls). The Service [USFWS] also concurs with "may affect, l1at likely to adverse(v affect" the southwestern willow flycatcher, Colorado pikeminnow. and razorback sucker. This concurrence is based on the commitment of the San Juan Basin Recovery Implementation Program to fund the construction and operation of a selective fish passage at the SJGS weir, BOR's [USBR's] commitment to operation of Navajo Dam in a manner that will mimic the natural hydrograph, and BOR's [USBR's] patticipation in the SJRRJP." 6.4,3.1 The San Juan Weir The SJRRJP has studied the requirements of the razorback sucker and the Colorado pikeminnow. Additional project commitments regarding weir modifications are being designed to support the recovery of these endangered fish species in the San Juan River Basin. As part of the SJRRJP, PNM has agreed to support and implement mitigation for the Jicarilla Apache Nation Water Subcontract that will alleviate jeopardy to the species through modifications of the PNM weir across the San Juan River to allow fish passage. The SJRRJP Biology Committee specified a selective passage system to be operated for the life of the recovery program. The Biology Committee has recommended operation of the fish passage from March through October every year (Pfeifer 2000). The USBR will address the fish passage system in a separate environmental assessment. 6.4.3.2 Depletion Impact Current critical habitat designations for the Colorado pikeminnow and razorback sucker in the San Juan River include the existing withdrawals under the USBR contract. Although no specific impacts have been identified, the Jicarilla Apache Nation Water Subcontract may affect the critical habitat of the endangered fish as a result of cumulative depletions in the San Juan Basin. The maximum annual depletion under the Jicarilla Apache Nation Water Subcontract would be 16,200 AF, which is a small fraction of the total volume of water that flows past the SJGS weir annually. In addition, the amounts diverted on a monthly basis vary with SJGS capacity factor and river water turbidity, resulting in an historic pumping pattern that complements the intent of the SJRRJP and the USBR to operate the Navajo Dam in such a manner as to mimic a natural hydrograph. On August 6, 1991, the USFWS issued an updated Recovery Plan for the Colorado pikeminnow that identified the San Juan River from Farmington, New Mexico to Lake Powell as a recovery area. Following this update, the USFWS issued a final biological opinion for the Animas-La Plata Project on October 25, 1991. The reasonable and prudent alternative for the opinion included several measures that would be undertaken to aid in the research and recovery of the endangered fish in the San Juan River and also, as a result of the reasonable and prudent alternative. the SJRRJP was formulated in 1992. The SJRRJP was initiated in October 1992 to address recovery needs for the two endangered fish, while allowing for water development in the basin in compliance with Federal and State laws, interstate 28 001519