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i _ ~ .~ 0 . (' , , . . . 2 This biological oplnlon analyzes only the water depletion impacts to listed fishes as a result of the proposed water sales. However, impacts to listed species, yet unforeseen, may result from developments secondary to your Federal actions. For example, expanded development related to the increased availability of water (made possible by these sales) may impact bald eagle roosting areas along the river corridor, or new water intakes may affect listed fishes in ways not currently known nor analyzed in this biological opinion. Therefore, in order to make a definitive determination under Section 7(a)(2) of the Act, the Service will need to consult with Reclamation on a case-by-case basis on the nondepletion impact of each project or action that results from the use of the contracted water. Reclamation has agreed to provide language in each water sales contract requiring site-specific compliance with the Act before the delivery of water can be undertaken. The Service believes no irreversible or irretrievable commitment of resources is being made by Reclamation in offering to sell water to projects which may require additional Section 7 consultation related to the planned use of the water. There is an exception to this identified need to consult on the subsequent use of contracted water. Those successful bidders (if any) that have already complied with Section 7 (through previous consultations on water depletion and use) will not be subjected to another consultation, assuming their intended use of water has not changed in a way that will cause new impacts to listed species. The Service recognizes that the preliminary interest expressed by various water users (outlined in the biological assessments) may not accurately reflect the amount of water actually sought or successfully acquired during the formal bidding process; i.e., an expression of interest in the water does not necessarily mean that a particular entity will be a successful bidder for water. Therefore, the magnitude of new depletion impacts attributed to the sales will vary somewhat from the analysis made in this opinion depending on (a) the amount of water secured in the bidding process, and (b) the amount of that water that has already been the subject of previous Section 7 consultations. Finally, we wish to emphasize that a primary purpose or the Act is to prOVloe a means whereby the ecosystems upon which endangered and threatened species depend may be conserved. Section 7 of the Act specifically directs that Federal agencies shall, in consultation with the Service, insure that their actions are not likely to jeopardize the continued existence of listed species, and further states the Secretary of the Interior shall utilize programs administered by him for furtherance of the purposes of the Act. The Service believes that the end result of this Interior agency consultation is consistent with these mandates.