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<br />RECOVERY AGREEMENT <br /> <br />This RECOVERY AGREEMENT is entered into this _ day of _, _, by and <br />between the United States Fish and Wildlife Service (USFWS) and (Water User). <br /> <br />WHEREAS, in 1988 the Secretary ofInterior, the Governors of Wyoming, Colorado and <br />Utah, and the Administrator of the Western Area Power Administration signed a Cooperative <br />Agreement to implement the Recovery Implementation Program for Endangered Fish Species in the <br />Upper Colorado River Basin (Recovery Program); and <br /> <br />WHEREAS, the Recovery Program is intended to recover the endangered fish while <br />providing for water development in the Upper Basin to proceed in compliance with state law, <br />interstate compacts and the Endangered Species Act; and <br /> <br />WHEREAS, the Colorado Water Congress has passed a resolution supporting the Recovery <br />Program; and <br /> <br />WHEREAS, on [date], USFWS issued a programmatic biological opinion (1999 Opinion) <br />concluding that implementation of specified elements of the Recovery Action Plan (Recovery <br />Elements), along with existing and a specified amount of new depletions, are not likely to jeopardize <br />the continued existence of the endangered fish or adversely modifY their critical habitat in the <br />Colorado River subbasin within Colorado, exclusive of the Gunnison River subbasin; and <br /> <br />WHEREAS, the 1999 Opinion in the section entitled "Reinitiation Notice" divided depletions <br />into Category 1 or Category 2 for reinitiation purposes; and <br /> <br />WHEREAS, Water User is the [owner/operator/contractor] of [water project or projects] <br />(Water Project), which causes or will cause depletions to the Colorado River subbasin within <br />Colorado, exclusive of the Gunnison River subbasin; and <br /> <br />WHEREAS, Water User desires certainty that its depletions can occur consistent with <br />Section 7 and Section 9 of the Endangered Species Act (ESA); and <br /> <br />WHEREAS, USFWS desires a commitment from Water User to the Recovery Program so <br />that the Program can actually be implemented to recover the endangered fish and to carry out the <br />Recovery Elements. <br /> <br />NOW THEREFORE, Water User and USFWS agree as follows]: <br /> <br />1. USFWS agrees that implementation of the Recovery Elements specified in the 1999 <br />Opinion will avoid the likelihood of jeopardy and adverse modification under Section 7 of the ESA, <br />for depletion impacts caused by Water User's Water Project. Any consultations under Section 7 <br />regarding Water Project's depletions are to be governed by the provisions of the 1999 Opinion. <br /> <br />] Individual Recovery Agreement may be changed to fit specific circumstances. <br />