BOARD00310

• Board Meeting Date: 1/27/2004
• Description: WSP Section - Gunnison Basin Programmatic Biological Opinion ‎(PBO)‎ Update
• Board Meetings - Doc Type: Memo

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Agenda Item 26
January 27-28, 2004 Board Meeting
Page 9 of9

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Reclamation expressed a strong desire to do a biological assessment and biological opinion for
Aspinall, and then do a programmatic biological opinion for all federal projects and non-federal
projects in the Gunnison basin, and the Dolores Project.

It was noted that the biological opinions on Dolores, Ridgeway, and other federal projects are out
of date, given the listing of the razorback sucker and designation of critical habitat in the early to
mid- 90s, The programmatic biological opinion will update EIS compliance for these projects.

After some discussion, the group came to agreement on the following proposal:

1. Reclamation will complete a biological assessment as part of the EIS process, and request the
biological opinion on the Aspinall unit towards the end of the BIS process, Issuance of the
record of decision on the EIS will include the results of the biological opinion,

2, Following issuance of the biological opinion on Aspinall, a programmatic biological opinion
will be requested from the Service that will include all federal projects in the Gunnison basin,
non-federal projects, the Dolores Project, and possibly the non-federal projects in the Dolores
basin.

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3. The programmatic biological OpInIOn will include existing depletions, and no future
depletions, except those authorized and presently covered by the Dallas Creek opinion. ESA
compliance for future depletions will be provided by the Recovery Program under the Section 7
agreement. USFWS has determined that the Program provides ESA compliance for projects
depleting up to 4,500 AF/year, based on USFWS "sufficient progress" determinations, The
Program also cqvers projects depleting more than 4,500 AF/year, but those require separate
evaluations to determine that the Recovery Program is, in fact, providing the reasonable and
prudent alternatives for these larger projects.

Addendum to Summary by Pitts, July 29, 2003:

Eric Kuhn, Colorado River Water Conservation District, proposed that an MOU be signed by
USFWS, USBR, W AP A and possibly other non-federal parties outlining the basic intent of
the PBO with respect to such items as the federal and non-federal actions to be covered, role
of the recovery program in providing ESA compliance, and scope of depletions to be
addressed, without prejudging the outcome of the consultation. Pitts agreed to discuss the
possibility of an MOU with the federal agencies.

End of addendum

Note: Since 1988, the Recovery Program has provided ESA compliance for more than 700
water projects depleting 1.72 million AF/year in the Upper Basin, These projects have
depletions ranging in size for 425,000 AF/year to a few tenths of an AF/year, No lawsuits have
been filed over ESA compliance for any of these projects,

The proposal will be forwarded to USFWS and the Recovery Program.
(1802,24-14)