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. . '. ~ Area Manager DRAFT 3 the end of the research period in 1998 and development of flow recommendations, Navajo Dam operations would be based on those recommendations; 2) Reclamation would provide operational and funding support to complete the 7-year research program; 3) Reclamation would continue to operate Navajo Dam under study guidelines developed under element 2 for the research period; 4) Reclamation would develop procedures to implement flow recommendations requested for the research period; 5) Reclamation would cooperate with the Biology Committee and Navajo Dam Operating Committee to determine the release hydrograph for spring flows and would follow the agreed upon hydro graph without deviation, except under emergency conditions or where deviation was required to stay within the Corps of Engineers' flood operating rules; 6) at the termination of the biological studies undertaken during the 7-year research period, year- round flow recommendations based on the best scientific and commercial data available would determine the manner and extent to which Navajo Dam would be operated to mimic the natural hydro graph for the life of the Animas-La Plata ProjectProject; and 7) the binding agreements to legally protect the reservoir releases to and through the endangered fish habitat to Lake Powell that were executed in support of the 1991 BO would continue. Reclamation would continue funding and participating in the SJRlP. In 2000, after completion of the 7-year research period, the issuance of the San Juan River Flow Recommendations produced by the SJRlP Biology Committee (Flow Recommendations) (Holden 1999), and a revised project proposal, the Service issued a BO on a scaled-back Animas- La Plata Project that limited the annual average depletions to 57, I 00 af. (Service 2000). The Service found that the project, with implementation of the proposed conservation measures, was not likely to jeopardize the razorback sucker or pikcl1)innow or adversely modifY critical habitat. The conservation measures that were part of the proposed action included: I) Operation of Navajo Dam to mimic the natUral hydro graph of the San Juan River to benefit endangered fishes and their critical habitat by following the Flow Recommendations and subject to the completion of the Navajo Reservoir Operations Environmental Impact Statement and Record of Decision; 2) Reclamation would be responsible for maintenance and use of the Riverware model upon which the San Juan River Flow Recommendations (Holden 1999) were based; 3) Reclamation would keep in effect the Memorandum of Understanding and Supplemental Agreement to protect the releases for endangered fishes to and through the endangered fish habitat; 4) the Durango Pumping Plant would be operated in a manner that would not interfere with meeting the Flow Recommendations; 5) Reclamation would implement all actions necessary to prevent non-native fish escapement from Ridges Basin Reservoir; 6) Reclamation would develop and implement a monitoring program for potential adverse bioaccumulation of trace elements in bald eagle food items in Ridges Basin Reservoir; and 7) Reclamation would incorporate bypass flows to promote natural recruitment of cottonwood trees along the Animas River. We received the first copy of the Navajo Reservoir Operations Biological Assessment in August of2002, after Reclamation had selected a preferred alternative for their Navajo Reservoir Operations Environmental Impact Statement. Updated BAs were received in November 2002, May 2003, and July 2003. On September 17, 2003, the Service was notified that the project description, as presented in the July 2003 BA, was not going to be revised. On October 10, 2003, Reclamation requested initiation offonnal consultation. The Service's October 28, 2003, response recognized September 17 as the beginning of the fonnal consultation period. We