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<br />22 <br /> <br />Thus, the Sennce has determined that project depletion impacts, which the <br />Service has ClIIsistently maintained are lik.ely to jeopardize the listed fishes, <br />can be offset by (a) program activities partially funded by the water project <br />proponents ~tMe financial contribution to the Recovery Program, <br />(b) appropriate legal protection of instream flows pursuant to State law, and <br />(c) progress in other recovery elements which results in protection of habitat <br />or enhancenat of the natural populations of the listed species. The Service <br />bel ieves it is essential that protection of instream flows proceed <br />expeditiousl), before significant water depletions occur. <br /> <br />With respect to (a) above (i .e., the financial contribution), the appl icant <br />will make a ane-tw payment which will be calculated by DlJltiplying the <br />projects av~ammal depletion (7,716 AF) times the depletion charge in <br />effect at the tile ~nt is made. for fiscal year 1990 <October 1, 1989, to <br />September 30. 1990). the depletion Charge will be $10.41 per acre-foot of the <br />average annual depletion which equates to a total payment of $80,324. This <br />aroount will be acijusted annually for inflation on October 1 of each year based <br />on the previllllS )'tar's composite Consumer Price Index. The Service will notify <br />the applicant of inY change in the depletion Charge by September 1 of each <br />year. Ten percent of the total contribution ($8,032) will be provided to the <br />Service or its designated agent at the time of issuance of the Federal <br />approvals fl'lll the Bureau and the Corps. The balance will be due at the time <br />the construction tallEnces, and payment will be included by the Bureau and <br />Corps as a perwit stipulat ion. fifty percent of the funds wi 11 be used for <br />acquisition of water rights to meet the instream flow needs of the endangered <br />fishes (unlesso~se recommended by the Implementation Committee); the <br />balance will be used to support other recovery activities for the Colorado <br />River enda~fisbes. Payment should be made to the National Fish and <br />Wildlife FOIIlIdatian, see Appendix E. In a letter dated October 30, 1989, the <br />Colorado RivertolS~ation District agreed to this payment and related terms <br />and conditiOlS. <br /> <br />With respect to itell (II) and (c) above, the Service evaluated progress under <br />the Recovery PrlIgraI (Appendix Bl. This evaluation considered (a) progress in <br />all areas of illStreaI flow protection (inclUding the good faith effort by <br />participants i. tIie Recovery Program), (b) progress in other recovery elements, <br />and (c) the _itude of impacts of the Muddy Creek project on the endangered <br />fishes. The Serric:e !JiIve consideration to progress in the drainage where <br />project inpacts oaur as well as progress in other parts of the basin. <br /> <br />Based on its t'Rllltion, the Service has determined that progress under the <br />Recovery PI'OgIW 8s lOt been sufficient to offset the depletion impacts of the <br />Muddy Creek JR.iect. To date, no water rights have been acquired under the <br />Recovery p...... tIlere is significant uncertainty that progress will in <br />fact lead to JI'lItectill of instream flows in a timely manner. Furthermore, <br />progress in lIIIIIr narery elements has yet to result in substantative <br />protection of ..itat or enhancement of the popul ations of the listed species. <br /> <br />R-v~. <br />NOT <br />5uffi <-i...::t- <br /> <br />