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<br />Sheftel: <br /> <br />Jackson: <br /> <br />John: <br /> <br />John: <br /> <br />. <br /> <br />. <br /> <br />Gene, I'm hearing you say that the Service will rely on this to issue <br />nonjeopardyopinion. (yes) Can I ask the Service, is that correct, you will <br />be issuing nonjeopardy opinion in reliance on this. <br /> <br />I would say we have already relied upon the commitments of the Board as <br />made in the recovery program to protect instream flows to the fish and as <br />I pointed out in our last meeting, you know, we've issued over 50 biological <br />opinions since this program wag--came about in 1988. Those opinions were <br />in reliance upon the commitment this Board has made as well as other <br />commitments in the program to acquire and appropriate water for the fish. <br />We believe that some kind of a legal agreement, as Gene described it, is <br />also necessary to, I think, formalize that so that we can depend on these <br />in our biological opinion so we can show that, in fact, there is going to be <br />legal protection on into the future. <br /> <br />David <br />First to follow on that John, I assume you're saying that you'd rely on 581 <br />acre second feet as part of a protection in the regime but not necessarily <br />sufficient in and of itself to guarantee that there are any number of <br />nonjeopardy opinions issued. <br /> <br />That's correct <br /> <br />It's a necessary thing you're going to rely on but it isn't necessarily <br />sufficient. <br /> <br />Well we have 581 that we've already issued <br /> <br />So you mayor may not be issuing nonjeopardy opinions simply on the <br />strength of the 581. Not that I want to your case on that point but I do <br /> <br />5 <br />