Correspondences Concerning Upper Colorado Biological Opinions 1993

Home Browse Search

Elizabeth Estill, Regional Forester 17 Historic Depletions Based on current Program accomplishments Appendix A) and the expectation that the Plan will be fuTly implemented in a timely manner, the Service determined that sufficient progress fias been achieved under the Program so that it could serve as the reasonable and prudent a ternative to avoid jeopardy to the An an ered fishes bv the historical im acts caused by this artion- _Eor istoric projects, the responsibility for implementation of all elememts_aL_ e reasonable and prudent alternative rests with the Program participants, -the the individual project proponent. The historic depletions covered under is opinion total 1,085.153 acre-feet. New Depletions The following excerpts are pertinent to the consultation because they summarize portions of the Program that address new depletion impacts, Section 7 consultation, and project proponent responsibilities: "All future Section 7 consultations completed after approval and implementation of this program (establishment of the Implementation Committee, provision of congressional funding, and initiation of the elements) will result in a one -time contribution to be paid to the Service by water project proponents in the amount of $10.00 per acre -foot based on the average annual depletion of the project . . . . This figure will be adjusted annually for inflation [the Fiscal Year 1993 figure is $11.98 per acre -foot and the Fiscal Year 1994 figure will be $12.34 per acre -foot] . . . . Concurrently with the completion of the Federal action which initiated the consultation, e.g., . . . issuance of a 404 permit, 10 percent of the total contribution will be provided. The balance . . . will be . . . due at the time the construction commences ." It is important to note that these provisions of the Program were based on appropriate legal protection of the instream flow needs of the endangered Colorado River fishes. The Program further states: . it is necessary to protect and manage sufficient habitat to support self- sustaining populations of these species. One way to accomplish this is to provide long term protection of the habitat by acquiring or appropriating water rights to ensure instream flows . . . . Since this program sets in place a mechanism and a commitment to assure that the instream flows are protected under State law, the Service will consider these elements under Section 7 consultation as offsetting project depletion impacts."