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Last modified
1/26/2010 12:46:51 PM
Creation date
10/11/2006 11:20:48 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.106
Description
Animas-La Plata
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
10/25/1991
Title
Final Biological Opinion - 1991
Water Supply Pro - Doc Type
Biological Opinion
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<br />38 <br /> <br />Potential degradation of water quality resulting from Project action that <br />compromises conditions essential to the health, reproduction, and survival of <br />endangered bald eagles and Colorado squawfish should be assessed and monitored <br />and are a part of the research that will be a part of the reasonable and prudent <br />alternative for endangered fish. Corrective measures designed to restore water <br />quality to the conditions required by endangered species should be implemented. <br />If new information becomes available, new species listed, or should there be any <br />changes to the Project which alter the operation of the Project from that which <br />is described in this biological opinion and which may affect any endangered or <br />threatened species in a manner or to an extent not considered in this biological <br />opinion (see 50 CFR, Part 402.16), formal Section 7 consultation should be <br />reinitiated. <br /> <br />Incidental Take <br /> <br />Section 9 of the Endangered Species Act, as amended, prohibits any taking <br />(harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or <br />attempt to engage in any such conduct) of listed species without a special <br />exemption. Harm is further defined to include significant habitat modification <br />or degradation that results in death or injury to listed species by <br />significantly impairing behavioral patterns such as breeding, feeding, or <br />sheltering. Under the terms of Section 7(b)(4) and Section 7(0)(2), taking that <br />is incidental to and not intended as part of the agency action is not considered <br />taking within the bounds of the Endangered Species Act provided that such taking <br />is in compliance with the incidental take statement. <br /> <br />Because Reclamation and the Bureau of Indian Affairs have agreed to the <br />implementation of the conservation recommendations contained herein, the Service <br />does not anticipate that the proposed Project will result in any incidental take <br />of bald eagles. Accordingly, no incidental take is authorized. Should any take <br />occur, Reclamation must reinitiate formal consultation with the Service and <br />provide detailed circumstances surrounding the take. <br /> <br />CONCLUSION <br /> <br />This concludes our biological opinion on the impacts of the proposed Project. <br />The Service has determined that the impacts of the Project are likely to <br />jeopardize the continued existence of the Colorado squawfish; however, a <br />reasonable and prudent alternative which offsets jeopardy to the Colorado <br />squawfish has been identified as a result of this consultation. <br /> <br />The reasonable and prudent alternative includes: (1) an Animas-La Plata Project <br />that results in an initial depletion of 57,100 acre-feet, (2) 7 years of <br />research to determine endangered fish habitat needs, (3) operation of the Navajo <br />Dam to provide a wide range of flow conditions for the endangered fish, (4) a <br />guarantee that the Navajo Reservoir will be operated for the life of the Project <br />to mimic a natural hydrograph based on the research, and (5) legal protection <br />for the reservoir releases instream to and through the endangered fish habitat <br />to Lake Powell. In order to preclude jeopardy, all five elements must be <br />implemented. <br />
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