WSP03293

• File Number: 8240.200.22
• Description: UCRBRIP Section 7 Consultation/Sufficient Progress/PBO
• State: CO
• Basin: Colorado Mainstem
• Date: 1/1/1999
• Author: USDOI
• Title: Appendices to Final PBO
• Water Supply Pro - Doc Type: Publication

USFWS agrees that, except as provided in the 1999 Opinion, no other measure or action shall be
required or imposed on Water Project to comply with Section 7 or Section 9 of the ESA with regard
to Water Project's depletion impacts or other impacts covered by the 1999 Opinion. Water User is
entitled to rely on this Agreement in making the commitment described in paragraph 2.

2. Water User agrees not to take any action which would probably prevent the
implementation of the Recovery Elements. To the extent implementing the Recovery Elements
requires active cooperation by Water User, Water User agrees to take reasonable actions required to
implement those Recovery Elements. Water User will not be required to take any action that would
violate its decrees or the statutory authorization for Water Project, or any applicable limits on Water
User's legal authority. Water User will not be precluded from undertaking good faith negotiations
over terms and conditions applicable to implementation of the Recovery Elements.

3. IfUSFWS believes that Water User has violated paragraph 2 of this Recovery
Agreement, USFWS shall notify both Water User and the Management Committee of the Recovery
Program. Water User and the Management Committee shall have a reasonable opportunity to
comment to USFWS regarding the existence of a violation and to recommend remedies, if
appropriate. USFWS will consider the comments of Water User and the comments and
recommendations of the Management Committee, but retains the authority to determine the
existence of a violation. If USFWS reasonably determines that a violation has occurred and will not
be remedied by Water User despite an opportunity to do so, the USFWS may request reinitiation of
consultation on Water Project without reinitiating other consultations as would otherwise be
required by the "Reinitiation Notice" section of the 1999 Opinion. In that event the Water Project's
depeltions would be excluded from the depletions covered by 1999 Opinion and the protection
provided by the Incidental Take Statement.

4. Nothing in this Recovery Agreement shall be deemed to affect the authorized purposes of
Water User's Water Project or USFWS' statutory authority.

5. The signing ofthis Recovery Agreement does not constitute any admission by Water User
regarding the application of the ESA to the depletions of Water User's Water Project. The signing
of this Recovery Agreement does not constitute any agreement by either party as to whether the flow
recommendations for the 15-mile reach described in the 1999 Opinion are biologically or
hydrologically necessary to recover the endangered fish.

6. This Recovery Agreement shall be in effect until one of the following occurs:

a. USFWS removes the listed species in the Upper Colorado River Basin from the
endangered or threatened species list and determines that the Recovery Elements are no
longer needed to prevent the species from being relisted under the ESA; or

b. USFWS determines that the Recovery Elements are no longer needed to recover or offset
the likelihood of jeopardy to the listed species in the Upper Colorado River Basin; or

c. USFWS declares that the endangered fish in the Upper Colorado River Basin are extinct;
or

d. Federal legislation is passed or federal regulatory action is taken that negates the need for
[or eliminates] the Recovery Program.