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protections of the ESA. If not, the experimental popu- lation will only be protected to the same extent as a species that is proposed for listing, its taking is not pro- hibited, and no critical habitat may be designated. Colorado squawfish were re-introduced to the upper Salt and Verde Rivers in the Lower Basin as experimen- tal/non-essential populations from 1985-1989. Under the approved recovery plan for the squawfish, the importance of these river reaches as recovery areas for the squawfish in the Lower Basin is to be re-evaluated based on the success of these re-introductions. From 1981-1989 razorback suckers from the Lake Mohave stock were re-introduced to their historic habitat on the Gila, Salt, and Verde Rivers in the Lower Basin not as experimental populations, but under an agreement between the Arizona Game and Fish Department (through its Commission) to forgo listing of the razor- back while this re-introduction program was imple- mented. Also prior to listing, razorbacks were released into the lower Colorado River mainstem in 1987 and 1990 and into the upper Green River in 1988 and 1990. Bonytail from the Lake Mohave stock have been returned to the lake and re-introduced to national wildlife refuges on the lower Colorado River mainstem and to the Green River in Dinosaur National Monument in the Upper Basin. The success of most of these re-introductions has been limited. UPPER BASIN PROGRAM BACKGROUND After its Section 7 regulations were finalized in 1978, the FWS began conducting biological consultations on projects authorized under federal reclamation law and on any other water development in the Upper Basin that needed some kind of federal permit, often a dredge and fill permit under Section 404 of the Clean 50 Water Act. In consulting on federal water projects in the Upper Basin, the FWS concluded that these pro- jects would be likely to jeopardize the continued exis- tence of the listed fishes unless water was released from these projects to offset their depletions. In these con- sultations, the BOR agreed to fund a three year study by the FWS, which would be the first attempt to specify the instream flows needed to avoid jeopardizing these fishes. In consulting on federal permits for state and private water projects, the FWS took the position that any flow depletion would likely jeopardize the listed fishes, but began accepting a prorata contribution toward an estimated cost of specifying and meeting the habitat needs of these fishes. This approach was first taken in 1980 with the Windy Gap project on the upper reaches of the Colorado River, and was applied to a number of other projects while the instream flow prescriptions were being developed. In June 1983, the FWS tendered a draft conservation plan which prescribed the instream flows throughout the Upper Basin thought necessary to recover the listed fishes. These first flow prescriptions would have limited some water development and were vigorously ques- tioned by the states of Colorado, Utah, and Wyoming and by traditional water users and developers, who were also concerned that the FWS method for account- ing for cumulative and related impacts in Section 7 consultations would abrogate water right priorities established under state law. By 1984, the FWS had decided to withdraw the draft conservation plan and its flow prescriptions and respond to an initiative from the states of Colorado, Wyoming and Utah to discuss the organization of a mutually acceptable program for conducting Section 7 consultations on water projects and for working cooperatively toward the recovery of the listed fishes in the Upper Basin.