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<br />. <br /> <br />2. WHAT ARE THE ELEMENTS OF THE FWS "WINDY GAP" <br />SOLUTION? <br /> <br />~ben faced with water diversion projects on the <br />Colorado River, FWS is refusing to issue a non <br />jeopardy biological opinion because of its fear of <br />possible cumulative impacts. On the other hand, FWS <br />has also been reluctant to issue a "jeopardy" opinion <br />and thereby preclude development altogether. In- <br />stead, FWS has adopted the so-called "Win.dy Gap" <br />solution (named after the first project in which it <br />was applied), consisting of: <br /> <br />(a) a one time assessment of fees against the <br />project to fund specific, known project impacts <br />and to fund additional studies and mitigation <br />necessary to address cumulative effects of <br />future projects; <br /> <br />(b) A combination non-jeopardy/jeopardy biological <br />opinion. That is, a biological opinion which <br />concludes that jeopardy can be avoided by the <br />reasonable and prudent alternative of providing <br />the funds; and <br /> <br />(c) the biological opinion is subject to change as <br />more adequate information becomes available. In <br /> <br />-.3- <br />