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<br />issuing a permit, approval, funds, cle. under this PBO to "retain sufficient authority to reinitiate <br />consultation. <br /> <br />Incidental Take Statement. In the past, the FWS concluded no take was likely to result <br />from our water supply depletions. The FWS now considers it more protective for our water <br />supplies and for the other federal agencies to anticipate a small level oftake. The FWS has <br />indicated it anticipates approximately 1 % of adult and sub-adult fish may be killed in irrigation and <br />other water supply diversions and proposes to include this level in the PBO. It represents this as <br />an acceptable level, especially in the context of the recovery actions we will help fund and <br />implement, and has agreed specifically that the Recovery Program will have the responsibility to <br />install and maintain screens to prevent diversion of endangered fish where they are being <br />reintroduced. <br /> <br />"Minimizing" Proiect Impacts. The FWS has insisted upon "working with" project <br />proponents in the early stages of permitting to find ways of minimizing project impacts. This has <br />made water users uncomfortable until the FWS suggested an explicit indication that any such <br />project improvements must be mutually acceptable. <br /> <br />Recovery Agreements. Finally, our discussions have long anticipated that water-user <br />beneficiaries of the Recovery Program would be expected to sign a "recovery agreement" within <br />60 or 90 days of the PBO being finalized and endorsed. This is an agreement indicating that 1) <br />they will not take any action which prevents the accomplishment of elements of the Recovery <br />Program and 2) they will take reasonable action to help accomplish those elements. Several water <br />users have indicated their reluctance to take this step for a variety of political and legal reasons. <br />Many expect the CWCB or DNR to sign such an agreement and I will bring a draft before you in <br />the next few months. However, it seems obvious that our agreement (or one endorsed by the <br />DNR or other state officials) should be adapted to the assistance and action expected of us <br />(rather than reflecting our involvement as a holder of water rights, etc.). <br /> <br />If you have any questions, please call Randy Seahohn, Wendy Weiss or me. You can also <br />call Henry Maddox at the FWS (303-236-2985 x233). Eric Kuhn, Patti Wells, Eric WiIkinson, <br />Steve Arveschoug, Larry Clever, Scott Baicomb, Glen Porzak, Dan Luecke, Tom Pitts, Ray <br />Tenney, Brent Uilenberg and many others have also kept close tabs on these discussions and <br />could provide a helpful perspective. <br /> <br />Attachments <br />xc: Randy Seaholm <br />Wendy Weiss <br />Kent Holsinger <br />Henry Maddox <br />Tom Pitts <br /> <br />L:/BoardmemlJuly99113115MR ESA Sec7Status BdMem 0799 <br /> <br />Flood Control and Floodplain Management -Larry Lang, Chief. Water Project Planning and Construction- Mike Serler, Chief .lnstream <br />Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, Chief. Office of <br />ConseJVation Planning-William Stanton, Chief. Personnel and Budget .Susan Maul, Chief <br /> <br />. '''-- o! <br /> <br />- <br /> <br />. <br /> <br />. <br />