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7 <br />in compliance with State water laws, interstate compacts, and the Act. In <br />1991, the razorback sucker was added to the endangered species list and to the <br />RIP. Critical habitat was designated on March 24, 1994, for all four listed <br />endangered fishes (59 F.R. 13374). Activities. and accomplishments under the <br />RIP are intended to provide the reasonable and prudent alternatives for any <br />new projects which cause water depletions and for all existing or past impacts <br />related to historic projects in the Upper Colorado River Basin. <br />The Service determined that water development projects should be considered <br />as two groups, small projects with average annual depletions below <br />3,000 acre-feet and larger projects with average annual depletions above <br />3,000 acr?-feet. l~he Service determined that the RIP had made "sufficient <br />progress" for small projects below the 3,000 acre-foot threshold to go forward <br />by requiring only a one-time depletion charge of $10.00 per acre-foot <br />(adjusted annually for inflation) to support the RIP and recovery of the <br />endangered fishes. The RIP would then serve as the reasonable and prudent <br />alternative to offset the likelihood of jeopardy. For large projects over <br />3,000 acre-feet average annual depletions it was necessary to determine, in <br />addition to the depletion charge, if the RIP had made "sufficient progress" <br />towards recovery to allow the RIP to serve as the reasonable and prudent <br />alternative. <br />In order to further define and clarify the process in the RIP, a section 7 <br />agreement was implemented on October 15, 1993, by Program participants (U.S. <br />Fish and Wildlife Service 1993). This agreement added a new concept for <br />section 7 consultations on water development projects in the Upper Basin. <br />Incorporated into this agreement is a RIP RAP which identifies actions <br />necessary to recover the four endangered fishes in the most expeditious manner <br />in the Upper Basin, excluding the San Juan River Basin. The RIP is intended <br />to offset both the direct and depletion impacts of projects operational prior <br />to January 22, 1988. Elements of the RIP RAP will be used as reasonable and <br />prudent alternatives for historic water projects, if needed. The intention <br />for new projects is to continue the depletion charge as an integral part of <br />the RIP but use the RIP RAP if additional measures are needed i.e., for large <br />depletions over 3,000 acre-feet. <br />In the annual reviews of the RIP RAP in 1993, 1994, and 1995, and because of <br />the section 7 agreement, the Service determined sufficient progress towards <br />recovery had occurred to allow projects under 3,000 acre-feet (both historic <br />and new) to proceed without the need to identify specific RAP elements as <br />reasonable and prudent alternatives. In the Service's April 5, 1996, annual <br />review of sufficient progress, however, the Service concluded that the RIP had <br />made only sufficient progress to enable it to serve as the reasonable and <br />