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<br />., <br /> <br />2 <br /> <br />REASONABLE AND PRUDENT ALTERNATIVE <br /> <br />Regulations (50 CFR 402.02) implementing section 7 of the Act defines reasonable and prudent <br />alternatives as alternative actions, identified during formal consultation, that: 1) can be <br />implemented in a manner consistent with the intended purpose of the action; 2) can be <br />implemented consistent with the scope of the action agency's legal authority and jurisdiction; <br />3) are economically and technologically feasible; and 4) would, the Service believes, avoid the <br />likelihood. of jeopardizing the continued existence of listed species or resulting in the destruction <br />or adverse modification of critical habitat. <br /> <br />On January 21-22, 1988, the Secretary of the Interior; the Governors of Wyoming, Colorado, and <br />Utah; and the Administrator of the Western Area Power Administration were cosigners of a <br />Cooperative Agreement to implement the "Recovery Implementation Program for Endangered <br />Fish Species in the Upper Colorado River Basin" (U.S. Fish and Wildlife Service 1987). An <br />objective of the Recovery Program was to recover the listed species while providing for new <br />water development in the Upper Basin. <br /> <br />The following excerpts from the Recovery Program are pertinent to this consultation because they <br />summarize portions of the Recovery Program that address depletion impacts, section 7 <br />consultation, and project proponent responsibilities: <br /> <br />. ". . . it is necessary to protect and manage sufficient habitat to <br />support self-sustaining popu1ations of these species. One way to <br />accomplish this is to provide long term protection of the habitat by <br />acquiring or appropriating water rights to ensure instream <br />.. ....-. -1lows-c~~~~~ifrplaee-lHl1eehaniSRHUla.a- _... .--- ...- -. <br />commitment to assure that the instream flows are protected under <br />State law, the Service will consider these elements under section 7 <br />consultation as offsettini project dlWletion impacts." <br /> <br />The Recovery Program's Recovery Action Plan discusses the important role Ruedi Reservoir <br />plays in the recovery of endangered fish. Ruedi Reservoir has long been considered as an interim <br />source of water until other permanent sources of water could be secured for endangered fish. <br /> <br />In order to offset the depletion impacts created by Round II water sales of 17,000 af and to <br />further the Recovery Program in attaining its goal of ensuring sufficient instream flows, the <br />following reasonable and prudent alternative has been developed. <br /> <br />1. Maintain Current Environmenta1 Commitments <br /> <br />Reclamation will continue to honor its environmental commitments made in the Round II <br />Final Supplemental Environmenta1 Impact Statement for Ruedi Round II water sales and the <br />Service's 1987 Round II biological opinion. This includes the provision of 5,000 af of water <br />