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<br />. <br /> <br />~ <br /> <br />INTRODUCTION AND BACKGROUND <br /> <br />In a February 27, 1980, memarandum to the Regional Director of the Upper <br />Colorado Regian, 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 Reclamatian projects in the Upper Colorado River Basin. <br />. Reclamation agreed with the Service's request and by memorandum dated <br />March 27, 1980, formalized the initiation of consultation an Flaming Gorge <br />Dam. On August 9, 1991, the Western Area Power Administration (Western Power) <br />became a party to this consultation, with Reclamation remaining the lead <br />agency. <br /> <br />Coincident with issuance of the Biological Opinion for the Strawberry Aqueduct <br />and Collection System (Strawberry System) dated February 27, 1980 <br />(subsequently amended on August 31, 1990), Section 7 consultation began on the <br />continued .operation of Flaming Gorge Dam. The Strawberry System biological <br />opinion determined that depletions in the amount of 108,000 acre-feet from the <br />Duchesne and Green Rivers would be "likely to jeopardize the continued <br />existence of the Colarado squawfish and humpback chub." The 1978 amendments <br />to the Endangered Species Act (Act) allowed for development of a reasonable <br />and prudent alternative if a jeopardy opinian was issued. The reasonable and <br />prudent alternative for the Strawberry System was that Flaming Gorge Dam and <br />reservoir would compensate for those depletions and would be oDerated for the <br />benefit of endangered fish. <br /> <br />Jeopardy opinions also were issued for the Upalco, Jensen, and Uinta projects <br />of the Central Utah Project during the late 1970's and early 1980's. The <br />reasonable and prudent alternative for each of these jeopardy opinions was <br />reoperation of Flaming Gorge Dam to provide flows required for endangered <br />fish. In addition, the Service stated that it would further evaluate and <br />recommend flows needed by the endangered fish in a biological opinion for the <br />continued operation of Flaming Gorge Dam. Biological opinions issued for the <br />Narrows Project (March 25, 1992) and the Price-San Rafael Salinity Control <br />Project (February 4, 1992) also are linked to this opinian. As stated in the <br />Narrows Project Opinion "Acceptance and implementation of the reasonable and <br />prudent alternative in that [Flaming Gorge] biological opinion will constitute <br />progress under the Recovery Program to offset the impacts of the Narrows <br />Project . . .. In the event that the reasonable and prudent alternative in <br />the Flaming Gorge final draft biological opinion is not accepted .or <br />implemented by the time construction . . . of the Narrows Project begins, <br />additional measures may be required ta offset the effects of this depletion." <br />Similar language is contained in the Price-San Rafael Salinity Control Project <br />biological opinion. " <br /> <br />After completion of the Strawberry System opinion, the Service and Reclamation <br />determined that insufficient data existed on flow requirements of endangered <br />Colorada River fish and that a biolagical opinion on the continued operation <br />of Flaming Gorge Dam should not be issued until further studies were <br />conducted. From 1980-1991 there was a series of agreements between the <br />Service and Reclamation delaying the issuance of a biological .opinion until <br />studies were completed and enough scientific data collected to recommend <br />specific flows. Flows within the operational criteria for Flaming Gorge Dam, <br />without special considerations for the Colorado River fish, were evaluated <br />