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<br />18 <br /> <br />"new" depletions, This would include depletions from new, as yet unbuilt projects, and additional <br />depletion occurring after September 30, 1995, from existing projects, Existing depletions shall <br />remain characterized as "existing depletions" regardless of any subsequent change, exchange, or <br />abandonment of the water rights resulting in such depletions, Also, existing depletions transferred <br />to other facilities remain existing depletions so long as there is no increase in the amount of total <br />depletions attributable to existing depletions. <br /> <br />Existing depletions are defined as follows': <br /> <br />a) existing depletions anticipated to continue into the future from the Upper Colorado <br />River Basin above the confluence with the Gunnison River are those that actually occurred <br />on or before September 30,1995 (approximately I million acre-feet/year); <br /> <br />b) depletions associated with the total 154,645 acre-feet volume of Green Mountain <br />Reservoir, including the power pool (which includes but is not limited to all of the 20,000 <br />acre-feet contract pool and Historic User's Pool), and the Colorado Big-Thompson <br />Project replacement pool; and <br /> <br />c) depletions associated with Ruedi Reservoir including but not limited to, Round I sales <br />of7,850 acre-feet, Round II sales of 17,000 acre-feet as discussed in the Service's <br />biological opinion to Reclamation dated May 26, 1995, and as amended on January 6, <br />1999, and the Fryingpan Arkansas Project replacement pool as governed by the operating <br />principles for Ruedi Reservoir, but excluding 21,650 acre-feet from the marketable yield, <br /> <br />New depletions are defined as average annual depletions from new or existing projects occurring <br />after September 30, 1995, and excludes existing depletions as defined above, New depletions will <br />be calculated as a 10 year moving average as determined by the CWCB and reported to the <br />Service and Recovery Program by January I of every odd numbered year (beginning January I, <br />200 I) as described in Appendix B. <br /> <br />Water users that choose to use the implementation of Recovery Actions under the Recovery <br />Program for Endangered Species Act compliance will be required to sign a Recovery Agreement <br />(Appendix E), except Reclamation will not be required to sign these agreements as discussed later <br />in this opinion, In the Recovery Agreements, individual water users will agree not to take any <br />action which would probably prevent the implementation of the recovery actions of the Recovery <br />Program and to take reasonable actions required to implement the recovery actions. The Service <br />anticipates that water user entities controlling a majority of existing depletions above the <br />Gunnison River will sign Recovery Agreements within 120 days of issuance of this biological <br />opinion, pending review of the opinion and approval of the recovery agreement by their governing <br /> <br />'This definition is for the purpose of defming depletions, a part of the Federal action subject to <br />consultation, and includes as "existing depletions" some water from Reclamation facilities that is <br />not currently being depleted or water that has not actually been depleted, <br />