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<br />. <br /> <br />. <br /> <br />. <br /> <br />, . . <br /> <br />,MRY-15-1998 15:45 <br /> <br />BOR LULND <br /> <br />9706633212 P.03/24 <br /> <br />2 <br /> <br />Reclimation. Additionally, 5,000 acre-feet of Ruedi water will be made <br />availa~le at least 4 out of 5 years during the months of July through <br />October through modified operations. <br /> <br />3. The water provided to the endangered fish must be legally protected under <br />Colorado State law through the IS-mile reach. <br /> <br />Reclamation has implemented, and continues to implement, all of these <br />.conservation measures." In addition, Reclamation made available an extra <br />10,000 acre-feet annually for the endangered fish since 1991. However, since <br />the completion of the original 1987 biological opinion, several significant <br />events have taken place which, according to Federal regulation (50 CFR 402.16) <br />require reinitiation of formal consultation for Round II. Those events <br />include the following: <br /> <br />1. On October 23, 1991, the razorback sucker was listed as an endangered <br />species. <br /> <br />2. As of April 20, 1994, critical habitat has been designated for the <br />Colorado squawfish, humpback chub, bony tail, and razorback sucker <br />within the 100-year floodplain in portions of their historic range <br />(59 F.R. 13374). Those portions of critical habitat which will be <br />affected by this project li. along the main stem Colorado River from <br />approximately Rifle, Colorado, downstream to Lake Powell in Utah. <br />"(Exact locations of critical habitat for each species is given in the <br />-Biological Background" section of this document.) <br /> <br />This biological opinion analyzes only the water depletion impacts to listed <br />fishes and their designated critical habitat as a result of the proposed water <br />sales. However, impacts to listed species, yet unforseen, may result from <br />impacts secondary to Reclamation's Federal actions. For example, expanded <br />development related to the increased availability of water (made possible by <br />these sales), or new water intakes built to capture newly contracted water, <br />could affect listed species or t~eir critical habitat in ways not currently <br />known nor analyzed in this biological opinion. Therefore, in order to make a <br />definitive determination under section 7(a)(2) of the Act, the Service will <br />need to consult with Reclamation on a case-by-case basis on the nondepletion <br />impacts of each project or action that results from the use of the contracted <br />water. Reclamation has agreed to include language in each water sales <br />contract requiring Site-specific compliance with the Act, as well as the <br />National Environmental Policy Act (NEPA) requirements, before the delivery of <br />water can be undertaken. The Service believes that no irreversible or <br />irretrievable commitment to resources is being made by Reclamation in offering <br />to sell water to projects that may, in the future, require additional <br />section 7 consultation related to the planned ~ of the water. <br /> <br />There is an exception to this identified need to consult on the subsequent use <br />of contracted water. Those successful bidders (if any) that have already <br />complied with section 7 (through previous consultations on water use) will not <br />be subject to another consultation, assuming their intended use of the water <br />has not changed in a way that will cause new impacts to listed species or <br />their critical habitat. <br />