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<br />t <br />I <br />I <br />I <br />I <br />I <br />I <br />r' <br />- <br />I <br />r <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />BIOLOGICAL OPINION <br /> <br />Proposed Action <br /> <br />subject to water availability. The released water generates power, but water is not released for the <br />sole purpose of generating power. Reclamation has the discretion to ask the electrical service <br />customers to renegotiate their contracts, but the United States could be responsible for direct <br />financial reimbursement to customers if contractual obligations are not met. (The analysis here <br />assumes that the Secretary will abide by all existing contractual obligations and will not act <br />unilaterally to void such arrangements.) Additionally, the Secretary is obligated to fulfill the <br />provisions of applicable Federal regulations, such as operational requirements set forth in 43 CFR <br />Part 431. <br /> <br />5. Channel Maintenance and Levee System <br /> <br />The Colorado River Front Work and Levee System (CRFWLS) Act of 1946 (as amended) provides <br />that for the purposes of controlling floods, improving navigation, and improving the flow of the <br />Colorado River, Reclamation will (i) operate and maintain the CRFWLS in Arizona, Nevada and <br />California, (ii) construct, improve, extend, operate and maintain protection and drainage works and <br />systems, (iii) control the river, and improve, modify, straighten, and rectify its channel, and (iv) <br />conduct related investigations and studies in connection. <br /> <br />Although these directions and responsibilities are relatively explicit as to what must be done, the <br />details of the works, and the "how" and "when" parameters, are left to the discretion of the <br />Secretary and Reclamation. The channel maintenance and levee system processes are considered <br />discretionary for the Secretary and are covered within this assessment and consultation. <br /> <br />The routine maintenance on existing stabilized banklines consists of placing riprap on bankline <br />areas where the existing riprap has eroded or otherwise needs repair. Other routine maintenance <br />involving riprap includes repair of jetties and training structures. Again, this repair consists of <br />replacing riprap where it has eroded or otherwise needs replacing. Some riprap is needed <br />occasionally for repair of levee armoring. <br /> <br />Associated with the maintenance of the banklines, levees, and river control structures is <br />maintenance of access and bankline roads. Roads are maintained on the levees and adjacent areas <br />to stabilize banklines. The maintenance is routine road repair required for gravel roads. While <br />these roads are also used by the public for various reasons, the roads ar e maintained for operation <br />and maintenance of Reclamation project facilities and are not maintained up to public road <br />standards. Reclamation anticipates that up to 80,000 cubic yards of rock and gravel will be needed <br />to maintain the CRFWLS facilities on a yearly basis. <br /> <br />Except during an emergency, no new construction IS anticipated during the period of this <br />consultation for channel and levee maintenance. <br /> <br />6. Dredging <br /> <br />27 <br />