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<br />I <br />II <br />I <br />I <br />I <br />I <br />I <br />I <br />I' <br />I <br />I <br />I <br />I <br />I <br />I, <br />I <br />I <br />I <br />I <br /> <br />OJ2311 <br /> <br />Reclamation serves as custodian for the Secretary of the Interior (Secretary) in his role as the <br />Watermaster. As Watermaster, the Secretary's three operational priorities are: 1) river <br />regulation, improvement of navigation, and flood control, 2) irrigation and domestic uses, <br />including the satisfaction of present perfected water rights, and 3) power. <br /> <br />B. Background <br /> <br />In discussions with the U.S. Fish and Wildlife Service (FWS) and non-Federal parties that <br />have an interest in the use and management of resources associated with the lower <br />Colorado River, Reclamation has agreed to develop this BA as an initial description of <br />routine, ongoing river operations and ESA-protected resources. As an assessment of the <br />potential effects of discretionary operations on ESA-protected resources, this document serves <br />two purposes: 1) initial documentation for the ongoing ESA section 7 consultation between <br />Reclamation and FWS, and 2) initial reference for development and implementation of a <br />multi-species conservation program by river stakeholders. The first purpose addresses <br />Reclamation's current discretionary operation and maintenance of the river, while the second <br />purpose addresses non-Federal actions via an ESA section 10 permit application and future <br />Federal actions via section 7 of ESA. The latter permits both non-Federal and Federal <br />parties to participate together in the Lower Colorado River Multi-Species Conservation <br />Program (MSCP). Sections 7 (Federal) and 10 (non-Federal) are separate processes under <br />the ESA, yet they are anticipated to work concurrently toward natural resource conservation <br />in the lower Colorado River. <br /> <br />Since there is significant non-Federal interest in developing and implementing an MSCP that <br />could significantly affect the survival and recovery of ESA-protected species, the Department <br />of the Interior (DOI), which includes Reclamation and FWS, agreed to work with public and <br />private interests in the lower basin States (Arizona, California, Nevada) to develop and <br />implement such a multi-species conservation plan. This agreement was formalized via a <br />memorandum of agreement with an effective start date of August 2, 1995, and, in July 1996, <br />is being clarified through a memorandum of clarification. The agreement among Federal and <br />non-Federal agencies to form a partnership with other interested parties for the purpose of <br />developing the MSCP was announced via a DOI news release dated September 15, 1995. On <br />June 26, 1996, DOI and the MSCP steering committee signed an agreement to equally cost <br />share the development of the MSCP and implementation of interim conservation measures. <br />A summary of the MSCP and copies of the referenced news release and Federal/non-Federal <br />cost-sharing agreement are provided in Appendix A. <br /> <br />The MSCP planning effort was originally scheduled for completion on or about 1998. <br />During the 3-year period (August 1995 - August 1998) for developing the MSCP, it is <br />proposed that participating agencies, both Federal and non-Federal, will sponsor, fund, and <br />implement interim conservation measures, at a minimum, designed to aid in the survival and <br />recovery of the endangered razorback sucker and bony tail. Consequently, the immediate <br />needs of some of the ESA-protected species will be addressed and, thus, will not have to <br />wait until the MSCP is formulated and implemented. Actually, Reclamation is presently <br /> <br />5 <br /> <br />