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Last modified
7/14/2009 5:02:34 PM
Creation date
5/22/2009 7:22:44 PM
Metadata
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Template:
UCREFRP
UCREFRP Catalog Number
9326
Author
U.S. Fish and Wildlife Service.
Title
Draft Biological Opinion for Ute Water/Plateau Creek Pipeline Replacement Project, Mesa County, Colorado.
USFW Year
1996.
USFW - Doc Type
Denver.
Copyright Material
NO
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. <br />33 <br />It is important:i;o note that these provisions of the Recovery Program were <br />based on appropriate legal protection of the instream flow needs of the <br />endangered Colorado River fishes. The Recovery Program further states: <br />" it is necessary to protect and manage <br />sufficient habitat to support self-sustaining <br />populations of these species. One way to accomplish <br />this is to provide long term protection of the habitat <br />by acquiring or appropriating water rights to ensure <br />instream flows Since this program sets in <br />place a mechanism and a commitment to assure that the <br />instream flows are protected under State 1 aw, the ~Q ~ ~ L'a ~, r G' `'~='~a~' <br />Service will consider these elements under section 7 fp <br />consultation as offsetting oro.iect depletion impacts." <br />Thus, the Service has determined that depletion impacts, which the Service has <br />consistently maintained are likely to jeopardize the listed fishes, can be <br />offset by (a) the water project proponent's one-time contribution to the <br />Recovery Program in the amount of S13.41 per acre-foot of the project's <br />average annual depletion, (b) appropriate legal protection of instream flows <br />pursuant to State law, and (c) accomplishment of activities necessary to <br />recover the endangered fishes as specified under the Plan. The Service <br />believes it is essential .that protection of instream flows proceed <br />expeditiously, before significant additional water depletions occur. <br />Historic Depletions <br />The Project's historic depletion was calculated as the average annual <br />depletion for the period 1984 through 1987. Included in the historic <br />J~ ,~~•--° depletion are the consumptive use portions of water rights owne y e Water <br />w is are currently diverted to agriculture but wig be transferred to <br />~,.~k~' municipal use in the future. The consumptive tions of agricultural ;~; ~ <br />~'0",c~ " water rights currently owned by Ute Water equ 623 re-feet. The purchase <br />of additional agricultural water ri hts b Ute Water the future would ~ z <br />G~ ~ incr oric epletion by amounts equal to e consumptive `°~' <br />qq ~~ use portions of those wa er rig s ess any associated replacement reservoir <br />~ „~~,~~.~ Z releases. c~~- ~UPI~`~ : f~k ~ 5 ~ so,Me. ~,~i~-.. ~- r~c~1,~^1~ c ~, <br />C~u"}~'"- '~~! ,~' Tt_~e~ro ject'~ 7, 539 acre-feet of hi stgri c de 1 eti on to the 15-mi 1 e reach and <br />~~,,(r^`~ 628aacre-felt-6f`~istoric depletion to thepbasin are greater than the <br />~._~ __ <br />,~ current sufficient progress threshold of 1,500 acre-feet. According to the <br />Agreement, if sufficient progress is not being achieved by the Recovery <br />Program, actions from the Plan will be identified which must be completed to <br />avoid jeopardy to the endangered fishes and destruction or adverse <br />modification of critical habitat. <br />The Service has determined that the Recovery Program can serve as the <br />reasonable and prudent alternative to avoid jeopardy to the endangered fishes <br />and destruction or adverse modification of critical habitat caused by the <br />Project's historic depletions~provided that the Grand Valley Water Management <br />ro~ect, Plan item 1.A.3.c.(3)(f), is completed on schedule. The Grand Valley <br />Water Management Project is described Jy the Plan in three parts. Evaluation, <br />
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