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<br />4 <br /> <br />An operating committee consisting of representatives of tne States of <br />Colorado, New Mexico, and Utah; Indian Affairs; Reclamation; and the <br />Service shall be established to develop and implement a program to <br />monitor and protect the releases of water from Navajo Reservoir. The <br />committee shall develop an appropriate procedure for notifying the <br />parties of the status of such releases and any action needed. <br /> <br />C. Future Section 7 Consultations <br /> <br />Formal Section 7 consultation under 16 U.S.C. 1536 of the Endangered <br />Species Act is required for any federal action that "may affect" listed <br />species. A conference is required if a federal action is likely to <br />jeopardize the continued existence of any species proposed for listing <br />as threatened or endangered. The procedures and agency responsibilities <br />under Section 7 consultation must be followed for such federal actions <br />in the Basin including actions under the Program. <br /> <br />The Program must have made "sufficient progress" in order to offset <br />potential jeopardy impacts to the listed fish from any proposed federal <br />action which is under Section 7 consultation. The Service will <br />determine if sufficient progress has been made under the Program based <br />on. the best available biological data and professional judgment. The <br />Service will assess sufficient progress in proportion to the potential <br />jeopardy impacts of a proposed federal action. That is, the smaller the <br />impact of a federal action, the lower the level of progress needed to <br />offset the impacts. If progress under the Program has not been <br />sufficient, additional conservation measures (measures) will be required <br />from the federal agency or the project sponsor(s) to offset impacts of <br />the federal action which are likely to jeopardize listed fish. <br /> <br />During and after the 7 year research period (as described in the ALP <br />biological opinion) on the San Juan River and its tributaries, <br />significant new information will be available on the listed fish. Also, <br />certain recovery actions will have been implemented to benefit the <br />listed fish. Such information and actions will constitute progress <br />under the Program and will be considered by the Service in determining <br />whether progress has been sufficient to offset impacts of future federal <br />actions which are likely to jeopardize listed fish. <br /> <br />During the 7 year research period, additional federal actions <br />resulting in water depletions will be subject to Section 7 <br />consultations. In rendering biological opinions on federal actions <br />resulting in minor depletions, the Service will consider good faith <br />implementation of the Program in determining if sufficient progress has <br />been made to offset depletion impacts, if any, on listed fish. It is <br />understood that minor depletions may reach an aggregate of 3,000 acre- <br />feet in anyone year (that is, the 3,000 acre-feet is not additive from <br />year to year). <br />