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<br />e <br /> <br />e <br /> <br />001518 <br /> <br />perpetuity. No biological opinions were issued under this initial minor depletion account after <br />December, 1998, and the account is now closed to new depletions. On September 21, 1999, the <br />Service issued an "Intra-SeIVice Section 7 Consultation fur Minor Depletions of 100 Acre-feet or <br />Less from the San Juan River Basin." This opinion provides for a cumulative total of3,000 AF/yr <br />of new minor depletions in the Basin. The minor depletion allowance increases the efficiency of <br />and streamlines the section 7 process, benefitting water development and water management <br />activities included in the biological opinions on minor depletions, while protecting the endangered <br />and native fish community. <br /> <br />The following guidelines will be used by the Service in conducting section 7 consultation on new <br />minor depletions under the September 21, 1999 biological opinion: <br /> <br />1. A minor depletion is defined as a depletion of 100 AF/yr or less. However, the Service may <br />use its discretion to allow larger depletions to be included in the minor depletion account <br />based on impacts to listed species and critical habitat. <br /> <br />2. In rendering biological opinions on federal actions resulting in minor depletions, the <br />Service will consider all new information concerning impacts and the status of the listed <br />species and their habitats, and good faith implementation of the Program in determining if <br />the Program can avoid the likelihood of jeopardy and/or destruction or adverse <br />modification or minimize impacts of any incidental take. <br /> <br />3. The Service will maintain a minor depletions account wherein the aggregate of all new <br />minor depletions allowed by the SeIVice through section 7 consultation and under the <br />September 21, 1999 opinion may result in a total annual depletion of not more than 3,000 <br />AF/yr. <br /> <br />4. The Service will review each proposed federal action for consideration under the <br />September 21, 1999 biological opinion and utilize that biological opinion to facilitate <br />consultation so long as a proposed depletion fits within the 3,000 AF/yr ceiling and does <br />not compromise the purposes for which the minor depletion opinion was issued. <br /> <br />5. Once the 3,000 AF/yr limit is reached for new depletions under the September 21, 1999 <br />biological opinion, the Service will assess the effects of further minor depletions on listed <br />species and issue an opinion to cover further minor depletions, if appropriate. <br /> <br />6. Depletions that were in existence as of October 25, 1991, the date ofthe Animas-La Plata <br />Project biological opinion, are included in the environmental baseline for that opinion and <br />will not be counted against any minor depletions account. The minor depletion accounts <br />are only for new depletions. ESA consultation may still be required for historic depletions <br />occurring prior to October 25, 1991, if those depletions have a federal nexus. <br /> <br />6 <br />