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6 Present Approach to Consultation in the Upper Basin Windy Gap Approach: This approach, as developed in 1981, is based upon the premise that the cumulative effect of further water resources development in the Upper Basin will lead to extinction of the three listed fish unless intensive measures are taken to protect and manage the fish and habitat. Both the direct and indirect impacts of proposed projects are considered. Direct or project-specific impacts include those localized factors that can directly affect certain populations or habitat areas. Indirect impacts are those that cumulatively produce major changes in species habitat. As a result of the project-impact analysis and through agreements reached with the project sponsor, a project would receive a no jeopardy opinion, enabling the project to proceed. Participation would be assessed in two ways: 1. Direct impacts would be offset be applying specific measures, such as habitat modification, fish ladders, etc., in the project area, funded or carried out by the project sponsor; and 2. Indirect cumulative impacts downstream, resulting from water depletions, would be offset through conservation measures carried out by the FWS and funded by the project sponsors. The amount of the assessment would be based upon the amount of water depleted by a particular project. MOU's are developed with project sponsors for all projects matching funds to Specific conservation tasks. This approach is undergoing review a~t,this time. Consultation Status (see Attachments IV., V. and VI.): consultations on 16 different projects have been completed using this approach (total depletion: 300,000 AF). There are over 40 projects presently undergoing the consultation process (total depletion: 1.OM AF).~ BR estimates that there is 1.675M AF of water available for appropriation in the Upper Basin under the Colorado River Compact. Subtracting the totals from these projects (1.675 - 1.3M) leaves 375,000 AF for future appropriation. This approach may eventually interfere with a State's right to allocate its water by prohibiting depletions at critical periods or affecting the junior/ senior rights system. However, if the water is depleted, the affect of its loss must be offset by appropriate conservation measures, i.e., increased water costs. Establishing minimum flow requirements for the fish in the Upper Basin without habitat management will not provide the parameters necessary for survives of the fish and habitat, as the fish have been declining since initial development in the 1960's (see Attachment IV.).