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5 <br />Consultation on Upper Basin Water Development Projects <br />Historical - 1977 to 1980: <br />Jeopardy opinions were issued on all major water development projects (14) <br />in the Upper Basin (total depletion: 700,000 AF). Jeopardy conclusions <br />(see Attachment III. and V. for project lists) were based upon: <br />1. Habitat alteration resulting from flow depletions; and <br />2. Cumulative effects on the habitat of further water depletions.. <br />Alternatives to avoid jeopardy, such as purchasing water for timed release, <br />were implemented. <br />Qpinions were based upon few data. Therefore, BR and FWS initiated in 1978 <br />a 3-year study to determine the biological status of the fish as as aid in <br />analyzing project impacts upon the listed fish. <br />Consultation on 20 additional water development projects was delayed to <br />await completion of the fisheries studies, as there was insufficient data <br />to properly analyze project impacts. <br />Development of the Windy Gap Approach - 1981 to 1983: <br />It was realized that development of the 20 proposed projects could not be <br />delayed indefinitely and initiation~of further study(s) would be necessary. <br />In 1981 an approach to avoid jeopardy'situations was developed to complete <br />consultation on these 20 projects. This approach was based upon three <br />points: <br />1. The FWS would develop a comprehensive conservation plan as a guide to <br />managing the endangered fish in the Upper Basin; <br />2. Projects could proceed with development; and <br />3. 'Costs of avoiding jeopardy would be shared by project sponsors, based <br />on the assumption that development (i.e., depletion) resulted in the <br />recent decline of the listed fish. <br />This approach evolved through consultation on the Windy Gap Project and the <br />Cheyenne Water Supply Project. Personnel from the lead Federal agencies, <br />project sponsors, representatives of the State or municipal agencies, members <br />of the congressional staffs of Congressman Cheney (Wyoming) and Senators Hart <br />and Armstrong (Colorado), along with personnel from the FWS were included in <br />the development of the approach to resolve conflicts for both these projects. <br />A formula was developed for apportioning conservation costs between projects <br />based upon the proposed project deRletion as a percentage of the total amount <br />of water available for depletion in the Upper Basin (total available: 1.6M AF). <br />