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?J <br />CHAPTER II ALTERNATIVES, INCLUDING THE PROPOSED ACTION <br />is unlikely since the necessary funds are assumed unlikely <br />and because the States may not administer instream flow ' <br />rights. <br />(3) Water rights acquisition: Under the Proposed Action, States <br />will commit to cooperate in obtaining water rights to protect <br />instream flows. Under the "No Action" alternative, States <br />have no such commitment. <br /> <br />b. Section 7 consultation: Under the Proposed Action, the Recovery <br />Implementation Committee may suggest actions which can be used in <br />Section 7 opinions in the Upper Basin to recover the rare fishes. <br /> <br />Assuming the Committee can secure instream flows and reduce the ' <br />threat posed by depletions, under future Section 7 consultation, <br />depletion impacts can be indirectly offset with a monetary <br /> <br />contribution toward the Recovery Implementation Program. The "No ' <br />Action" alternative does not have a means to counteract the threat <br />posed by depletions other than through the Section 7 consultation <br />process. Because of this, Section 7 biological opinions are <br />likely to pursue direct offset of project depletions, i.e., <br />require project sponsors to offset depletion impacts through <br />physical measures such as changing project design, operation, or <br />by providing offsetting flows. <br />c. Fish passage facilities: Under the Proposed Action, a special <br />$5 million construction fund will help finance construction of ' <br />fish passage facilities at sites essential to the recovery of the <br />rare fishes. Under the "No Action" alternative, limited recovery <br />funding will probably constrain construction to one fish passage ' <br />facility, at best. <br />d. Actions common to both alternatives--rate of implementation: In ' <br />general, enhanced cooperation and funding will allow actions to <br />proceed at a faster pace under the Proposed Action than the "No <br />Action" alternative. However, the following should be noted:. <br />(1) Section 7 consultation on operating Reclamation projects is <br />expected to proceed at the same pace under both alternatives. <br />The pace of consultation for these projects is determined ' <br />more by research needs than funding. <br />(2) Section 7 consultation on Reclamation projects under ' <br />construction will examine depletion and nondepletion impacts <br />under the "No Action" alternative, and nondepletion impacts <br />only under the Proposed Action. <br />(3) Section 7 consultations on proposed water projects are ' <br />expected to be completed in a more expeditious fashion under <br />the Proposed Action, since it will take less time for the , <br />Service to calculate a monetary contribution than formulate a <br />project-specific modification directly offsetting depletion <br />impacts. <br />II-10