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<br />21 <br /> <br />.AII future Section 7 consultations completed after approval <br />~ w.lementation of this program (establishment of the <br />IIPI8Entation Committee, provision of congressional funding, <br />and initiation of the elements) will result in a one-time <br />contribution to be paid to the Service by water project <br />p~ts in the amount of $10 per acre-foot based on the <br />aver~ annual depletion of the project . . . . This figure <br />willlle adjusted annually for inflation. . . . Concurrently <br />witll the completion of the Federal action which initiated <br />the COlISultation, e.g., . . . issuance of a 404 permit, <br />10 percent of the total contribution will be provided. The <br />balance. . . wi 11 be . . . due at the time the construction <br />,. Kts.... Funds from these contributions will be <br />applied equally to flow acquisition and to other recovery <br />acti,ities . . . .. (Page 5-4) <br /> <br />It is illllortallt to note that these provisions of the Recovery Program <br />were based CIlllEroUS underlying assumptions which are described on <br />pages 4-5 Md ~of the Recovery Program. The Recovery Program <br />states: <br /> <br />'..1.5 Section 7 Consultation <br /> <br />The~nism described in the preceding sections is intended <br />to pnwide the means to protect and manage the stream habitat <br />of the endangered fishes by Offsetting some of the factors <br />tllit led to the present status of these fish. Success of <br />this Pirt of the recovery program is based upon numerous <br />underlying assumptions, as follows: <br /> <br />a. rapid determination of flow needs: <br />b. sufficient funds to purchase water rights; <br />c. iVailability of water rights; <br />d. "otection of instream flows; <br />e. "ovision of flows by Reclamation projects; and <br />f. C8Rtinued participation and support by all parties. <br /> <br />Effect~ and continued progress will be dependent upon <br />~these assumptions are being met through periodic <br />as~t by each party." (Pages 4-5 and 4-6) <br /> <br />The Recovery PnIJr. further states: <br /> <br />.Since Ilis program sets in place a mechani sm and a <br />calri-..t to assure that the fnstream flows are protected <br />~~te law, the Service will consider these elements <br />u..,~tfon 7 consultation as offsettinQ oroiect deoletio~ <br />i~. (Page 4-6) <br />