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~, " I . 39 ~: The Service has further determined that the proposed Project is not likely to jeopardize the continued existence of the bald eagle. Because the San Juan River populations of the Colorado squawfish are already at a critical level, the Endangered Species Act requires that no further Federal actions which would result in delivery of additional water from projects in the San Juan River Basin be made until Section 7 consultation has been completed for such delivery. This opinion was based upon the best scientific and commercial data available as described herein. If new information becomes available, new species listed, or should there be any changes to the Project which alter the operation of the Project from that which is described in this biological opinion and which may affect any endangered or threatened species in a manner or to an extent not considered in this biological opinion (see 50 CFR, Part 402.16), formal Section 7 consultation shall be reinitiated. Section 7 consultation also must be reinitiated if there is failure to carry out any portion of the reasonable and prudent alternative upon which this opinion is based. While the razorback sucker (Xvrauchen texanus) was not specifically included in this opinion, consistent with 50 CFR, Part 402.10, a Conference Opinion was completed and is attached (Appendix F). Section 7(d) of the Endangered Species Act requires that Reclamation shall not make any irreversible or irretrievable commitment of resources which would preclude the formulation of reasonable and prudent alternatives until consultation on listed species is completed. Therefore, adoption of the reasonable and prudent alternative described above is not a violation of Section 7(d) of the Endangered Species Act. Thank you for your cooperation in the formulation of this opinion and your interest in conserving endangered species. i I .1 ~J: " ,," [' ;.;; cc: Director, FWS, Washington, D.C. Assistant Director, FWE, Washington, D.C. Rights Protection Manager, BIA, Albuquerque, NM Assistant Regional Director, FWE, Albuquerque, NM Assistant Field Supervisor, FWE, Albuquerque Field Office, NM Regional Solicitor, Denver, CO Field Supervisor, FWE, Salt Lake City, UT State Supervisor, FWE, Golden, CO Suboffice Supervisor, FWE, Grand Junction, CO ~)olb~ GALEN L. BUTERBAUGH