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<br />37 <br /> <br />A. The River District will provide up to 6,000 acre-feet of storage water in <br />Wolford Mountain Reservoir for release to the endangered Colorado River <br />fishes. Under the conditions described in the MOU this fish pool will have a <br />firm annual yield of 2.400 acre-feet. an average annual yield of 5.650. and a <br />full yield of 6.000 acre-feet, 27 out of 33 years. <br /> <br />B, The stored fish pool water will be released at the discretion of the <br />Service, as provided for herein and protected to and through the IS-mile reach <br />by an agreement between the River District and the Colorado Water Conservation <br />Board. <br /> <br />C. The fish pool releases will be made during the period from March 1 through <br />December 1 annually as requested by the Service. The Service <br />will notify the River District of its requested pattern of delivery by July 15 <br />of each year. Releases from the fish pool will be limited to a maximum of 200 <br />cfs. <br /> <br />D. The River District commits to a coordination process with the Service and <br />the Bureau of Reclamation to provide flows for the endangered fishes. The <br />River District will continue to participate. through operation of Wolford <br />Mountain Reservoir and technical support in the Recovery Program coordinated <br />reservoir operations project as described in the Recovery Implementation <br />Program Recovery Action Plan and associated Scope of Work. <br /> <br />The new MOU will replace the original MQU that was signed February 7. 1990. <br /> <br />INCIDENTAL TAKE <br /> <br />Section 9 of the Endangered Species Act. as amended. prohibits any taking <br />(harass. harm, pursue. hunt. shoot. wound. kill. trap. capture or collect, or <br />attempt to engage in any such conduct) of listed species without a special <br />exemption. Under the terms of section 7(b)(4) and section 7(0)(2). taking <br />that is incidental to and not intended as part of the agency action is not <br />considered taking within the bounds of the Endangered Species Act, provided <br />that such taking is in compliance with the incidental take statement. <br /> <br />The Service does not anticipate that the proposed action will result in any <br />incidental take of the endangered fishes. <br /> <br />CQNCLUSIQN <br /> <br />This concludes the Service's biological oplnlon on the impacts of the proposed <br />project. This opinion was based upon the information described herein. If <br />