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<br />. <br /> <br />existence" of a listed species or adversely modify its designated critical <br />habitat. <br /> <br />Subsequent to passage of ESA, Congress amended the Act to reduce conflict <br />between development and T & E species by directing involved federal agencies <br />to develop "reasonable and prudent alternatives" which if implemented would <br />avoid the likelihood of jeopardy. Further, a process which would exempt a <br />proposed project from ESA protection was also developed. To date, in <br />virtually all cases in the Upper Basin, reasonable accommodations have been <br />made for continuing water development orovided that the protected fishes were <br />not harmed and that measures such as acquisition of water, exotic fish <br />control, and artificial propagation were studied and implemented to recov~r <br />their populations. <br /> <br />The process started in a major way ;n 1977 with Recla~ation's plans to <br />construct the Dolores project near Cortez, Colorado. The Service did not see <br />how a major project such as MCPhee Dam could be built without significantly <br />altering downstream flows both in volume and in timfng. Unfortunately, there <br />was not much data in the basin as to the habitat requirements of the protected <br />native fishes or their distribution and numbers. Ultimately, the Service <br />issued a jeopardy opinion which basically required two things be done to <br />offset impacts 1) BR would fund research to find out about the fishes' <br />populations, distribution, and needs 2) .that when the information became <br />available.BR would commit to provide 131.000 AF from existing storage (in <br />this case Aspinall or other BR projects) to provide flow needs when <br />determined. Similar opinions were written for Dallas Creek (17.000 AF). <br />Jensen (15.000 AF) and the Bonneville Collection System (108.000 AF). <br />