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communities for fish recovery purposes, and that it is not intended to push the FWS into a <br />violation of the Endangered Species Act or its regulations. <br />Another question considered by the 15 -Mile Reach Strategy Workgroup was how <br />to implement the proposed denial of Recovery Program benefits to water users who <br />oppose the entry of final decrees in instream flow protection cases. It was suggested that <br />the sufficient progress threshold, which was intended to provide greater certainty to water <br />users, has actually created a problem and that those who benefit are frequently unaware of <br />the rule that the recovery program served in their Section 7 consultation, while those who <br />have contributed the most toward the success of Recovery Program efforts don't feel they <br />are benefiting. If we are to retain this concept, it was agreed that we need to find a <br />practical way to put those who oppose significant recovery program activities at risk, and <br />it was suggested that the programmatic biological opinion could include a conservation <br />measure requiring that future consultations in which a biological opinion is written in <br />reliance upon the Recovery Program as a reasonable and prudent alternative could require <br />that the project proponent act in support of the instream flow filings. Obviously, this will <br />require careful consideration (and wording), and several Workgroup participants agreed <br />to explore these options. <br />At the conclusion of our April 17, 1997, meeting, the FWS expressed concern <br />that, while we have had extensive, open discussion about this working proposal and how <br />it might work, no one has agreed to support this concept yet, even at a general level. It <br />was also recognized that several of the key water user interests have not attended the last <br />couple of meetings. Those in attendance agreed to find out if letters of support could be <br />generated among the water users, environmental groups and the state for delivery to the <br />FWS prior to the April 29, 1997, meeting of the Ad Hoc Committee On Recovery <br />Program Funding. <br />The next meeting will be scheduled as soon as we can predict the availability of <br />CRDSS runs for review by the 15 -Mile Reach Strategy Workgroup. <br />Attachment <br />L: \wctrans \dd \addendum.doc <br />PHE /scm <br />