Laserfiche WebLink
<br />. .. <br /> <br />~~~'A <br />~9~,,/~7:9 <br />~~~,~ y; <br /> <br />c. Linkage of oassage of federal legislation to the biological ooinion. Initial Reclamation comments <br />on the preliminary biological opinion requested inclusion of a clause linking the effective date of <br />the biological opinion to passage of the federal legislation authorizing future funding for the <br />program. Water users objected to including this provision in the biological opinion as it would <br />cause unnecessary delays. Water users, and as far as we know, all Program participants are firmly <br />committed to getting the legislation passed in 1999. However, we cannot control what Congress <br />will do. Water users request that Reclamation clarifY its position on July 19. <br /> <br />. <br /> <br />8. Service requestfor unused Ruedi water. The biological opinion states that 21 ,650 AP/yr would <br />be delivered for the benefit of the fish from Ruedi Reservoir until such time as the water users provide <br />10,825 AP/yr as an alternative to the same amount from Ruedi, in accordance with agreements <br />previously reached. It is our understanding that the Service is requesting that deliveries from Ruedi <br />be maintained at 21,650 AF/yr after water users provide the 10,825 AP/yr. This request is <br />inconsistent with the agreement reached with the water users to provide 10,825 AF/yr in lieu of <br />Ruedi water. Part of the rationale for water users agreeing to do this was to relieve pressure on <br />Ruedi Reservoir, and alleviate some ofthe impacts of drawing down Ruedi Reservoir. Water users <br />object to continued releases of Ruedi water in the amount of21,650 AP/yr (in addition to the other <br />deliveries that are being made) after the 10,825 AF/yr is provided. <br /> <br />G;tW <br />~ <br /> <br />9. Non-federal funding of capital projects. On p.15, reference is made to capital funding of the <br />Recovery Program. Please insert the following sentence as indicated below: <br /> <br />. <br /> <br />". . .will continue to the year 2005. This will include substantial non-federal <br />contributions from the Upper Basin states ($14.3 million) and an additional non- <br />federal contribution of $17 million by power users that will fund recovery actions <br />in both the Upper Basin and San Juan Basin. The federal/non.federal . . ." <br /> <br /> <br />Note: The amount of the power users' contribution that will be split between the Upper Basin and <br />San Juan Basin has not been determined. <br /> <br />10. Incidental take. Water users requested that the following statement regarding incidental take <: ~. <br />be included in the biological opinion. pW~~-fc <br /> <br />"The Service anticipates that there will not be any take associated with the depletions O-~~~ o'1f <br />covered by this opinion. However, should any take .occur incident to depletions J2.')Cr~- -+: <br />associated WIth Categones I and 2, the Service determmes that any such take will be ~ ;, .....-1<>.. . a. <br />de minimis and not contribute to jeopardy of the listed species, and is hereby 1 r' - _ 't~' <br />authorized by this incidental take statement. Take associated with depletions in ~ ~ <br />excess of those authorized by this opinion (Category I and 120kaf of Category 2) is .f&- ..1. <br />not authorized." ~- ~ <br />~...- <br />We believe this language should be included to assure protection from incidental take claims related <br />to depletions. <br /> <br />. <br /> <br />5 <br />