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000971 BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION On January 21-22, 1988, the Secretary of the Interior; Governors of Wyoming, Colorado, and Utah; and the Administrator of the Western Area Power Administration co signed a Cooperative Agreement to implement the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (USFWS 1987). In 2001, the Recovery Program was extended until September 30, 2013. Current participants in the Recovery Program include: the Service, Reclamation, Western Area Power Administration, National Park Service, Colorado, Utah, Wyoming, Western Resource Advocates, The Nature Conservancy, Colorado Water Congress", Utah Water Users Association, Wyoming Water Association, and the Colorado River Energy Distributors Association. The goal of the Recovery Program is to recover the listed,species while providing for new and existing water development in the Upper Colorado River Basin. All participants agreed to cooperatively work toward the successful implementation of a recovery program that will provide for recovery of the endangered fish species, consistent with Federal law and all applicable State laws and systems for water resource development and use. Each signatory assumed certain responsibilities in implementing the Recovery Program.- In order to further define and clarify processes outlined in sections 4.1.5, 4.1.6, and 5.3.4 of the Recovery Program, a Section 7 Agreement and a Recovery Implementation Program Recovery Action Plan were developed (USFWS 1993). The Agreement established a framework for conducting section 7 consultations on depletion impacts related to new projects and impacts associated with existing projects in the Upper Basin. Procedures outlined in the Agreement are used to determine if sufficient progress is being accomplished in the recovery of endangered fishes to enable the Recovery Program to serve as a reasonable and prudent alternative to avoid the likelihood of jeopardy and/or adverse modification of critical habitat. The Recovery Action Plan was finalized on October 15, 1993, and has been reviewed and updated annually. Also, the Recovery Goals for the four endangered Colorado River fishes (USFWS 2002 a, b, c, d) include minimization of entrainment of sub adult and adult fish at diversion structures as management actions necessary for recovery. The Redlands Diversion Dam is located on the Gunnison River approximately 2.3 miles upstream from its confluence with the Colorado River. One element ofthe RecoveryAction Plan was to provide fish passage at the Redlands DiversionDam. The Redlands Diversion Dam was constructed in 1918 and was a complete barrier to fish passage until 1996, when the Recovery Program, in cooperation with the R WPC, constructed a fish passageway around the Redlands Diversion Dam. Reclamation owns the fish passage facility and the Service has operateCl the facility since 1996. The dam diverts up to 850 cubic feet per second (cfs) of water into the RWPC Canal. The water flows through a power plant approximately 4 miles downstream from the dam. During the 2