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<br />36 <br /> <br />a permit stipulation. The amount payable will be adjusted annually for <br />inflation on Qctober 1 of each year based on the Consumer Price Index. The <br />funds will be used for acquisition of water rights (or directly-related <br />activities) to meet the instream flow needs of the endangered fishes; or. when <br />recommended by the Implementation Committee, the funds will be used to support <br />other recovery activities for the endangered fishes. All payments should be <br />made to the Foundation. <br /> <br />National Fish and Wildlife Foundation <br />1120 Connecticut Avenue. N.W. <br />Suite 900 <br />Washington, D,C. 20036 <br /> <br />In a letter dated February 5, 1998. the Colorado River Water Conservation <br />District agreed to this payment (Appendix A). Each payment is to be <br />accompanied by a cover letter that identifies the project and biological <br />opinion number that requires the payment. the amount of payment enclosed. <br />check number. and any special conditions identified in the biological opinion <br />relative to disbursement or use of the funds (there are none in this <br />instance). The cover letter also shall identify the name and address of the <br />payor, the name and address of the Federal Agency responsible for authorizing <br />the project, and the address of the Service office issuing the biological <br />opinion. This information will be used by the Foundation to notify the payor, <br />the lead Federal Agency, and the Service that payment has been received. The <br />Foundation is to send notices of receipt to these entities within 5 working <br />days of its receipt of payment. <br /> <br />The project's average annual additional new depletion of 5,769 acre-feet is <br />greater than the current sufficient progress threshold of 3.000 acre-feet. <br />According to the Agreement. if sufficient progress to offset the project <br />impact is not being achieved by the Recovery Program. actions from the Plan <br />will be identified which must be completed to avoid jeopardy to the endangered <br />fishes and destruction or adverse modification of critical habitat. The <br />Service has identified Recovery Action Plan item I.A.3.c.(3)(b). delivery of <br />water from Wolford Mountain Reservoir to the IS-mile reach. as the'additional <br />element of the reasonable and prudent alternative. While this item is <br />currently being implemented on an interim basis under an existing MQU between <br />the Service and the River District. depletions associated with the proposed <br />actions will require an increase in the amount of water to be delivered. The <br />increased water delivery is described in a new Memorandum of Understanding <br />between the River District and the Service (Appendix B). The following is a <br />summary of the terms and conditions of the MOU: <br />