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2. eOLORADO AND NEW MEXICO a. Animas-La Plata Project In 1979, the U.S. Fish and Wildlife Service (Service) provided a non- jeopardy opinion on the project. However, between 1986 and 1989, additional data were col1ected concerning the eolorado squawfish in the San Juan River in New Mexico. That data reaffirmed the existence of a small population of the fish. As a result, in February of 1990, Reclamation requested re-initiation of consultation under the Endangered Species Act. In May of 1990, the Service rendered a draft Biological Opinion that contained a jeopardy opinion with no reasonable and prudent alternatives. Following exhaustive consultation between Reclamation and the Service, a revised draft Biological Opinion was issued on March 21, 1991, that would allow for construction of Ridges Basin Dam and Durango Pumping Plant and inlet pipeline. A final opinion was issued on October 25, 1991 by the Service following the October 24, 1991 signing of a Memorandum ofU nderstanding (MO U) by the States of Colorado, New Mexico and Utah, the Secretary of the Interior, the Southern Ute and Ute Mountain Ute Indian Tribes, and the Jicaril1aApache Tribe. The MOU provides for a Recovery Implementation Program for the endangered fish and makes possible the initiation of construction of the project. The MO U also provides for the protection of San Juan River flows through the occupied habitat stretch of the river. The Biological Opinion contains five elements: 1. An initial depletion of 5 7,100 acre feet per year is anticipated. This depletion will allow construction of Ridges Basin Dam and Reservoir and Durango Pumping Plant and inlet pipeline. 2. Seven years of research on the San Juan River and its tributaries to collect critical information about the endangered fish and their habitats will initially be funded by Reclamation until the Recovery Implementa- tion Plan is in place. Further Section 7 consultation will be required before beginning construction of any project facilities that would require the depletion of more than 57,100 acre-feet. 3. Over the next seven years, Navajo Dam will be operated under study guide lines to mimic a natural hydrograph, including test flows that consist of high spring flows followed by low summer, fall and winter flows. 46