Correspondences Concerning Upper Colorado Biological Opinions 1993

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Elizabeth Estill, Regional Forester 18 Thus, the Service has determined that project depletion impacts, which the Service has consistently maintained are likely to jeopardize the listed fishes, can be offset by (a) the water project proponents' one -time contribution to the Program in the amount of $11.98 per acre -foot of the project's average annual depletion, (b) appropriate legal protection of instream flows pursuant to State law, and (c) accomplishment of activities necessary to recover the endangered fishes as specified under the Plan. The Service believes it is essential that protection of instream flows proceed expeditiously, before significant additional water depletions occur. For new projects, the responsibility for implementation of elements of the reasonable and prudent alternatives is shared by the Program and the applicant. Program participants are responsible for carrying out activities outlined in the Plan. With respect to (a) above (i.e., depletion charge), the proponent of non - Forest Service actions which require a Forest Service permit will be responsible for a one -time payment for each depletion covered by the permit. Likewise, the Forest Service will be responsible for a one -time payment for each depletion caused by a Forest Service action. The depletion fee is calculated by multiplying the total average annual depletion for the seven national forests (245.196 acre -feet) by the depletion charge in effect at the time payment is made. For Fiscal Year 1993 (October 1, 1992, to September 30, 1993), the depletion charge is $11.98 per acre -foot for the average annual depletion which equals a total payment of $2,937.45 for the 15 -month timeframe covered by this opinion, based on the Fiscal Year 1993 fee. Beginning October 1, 1993, the Fiscal Year 1994 (October 1, 1993 - September 30, 1994) fee will increase to $12.34 per acre -foot for depletions permitted in Fiscal Year 1994. Thus, the total amount is likely to be more than $2,937.45. This amount will be adjusted annually for inflation on October 1 of each year based on the previous year's Composite Consumer Price Index. The Service will notify the Forest Service or proponent of any change in the depletion charge by September 1 of each year. Fifty percent of the funds will be used for acquisition of water rights to meet the instream flow needs of the endangered fishes (unless otherwise recommended by the Implementation Committee); the balance will be used to support other recovery activities for the Colorado River endangered fishes. There will be two options to the non - Forest Service proponents for payment of their fee. Option I would be for the permittee to provide a payment directly to the National Fish and Wildlife Foundation (Foundation) for the depletion charge amount as described above. Option 2 provides for an "in kind value" compensation, where the permittee is required to complete "on- the - ground" services that benefit water resources on Forest Service lands, and the Forest Service will make the required payment to the Foundation. Measures needed to provide compensatory value replacement to the Forest Service must be equal or higher than the dollar value required for the permittee's individual depletion payment. Identified measures will be in addition to those required to mitigate the proposed action or project impacts. If the dollar value of the "on- the - ground" service required to compensate the Forest Service is so small as to provide little benefit, the Forest Service will have the permittee participate by offering the dollar value in services toward an internally