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<br />24 <br /> <br />The project proponent has agreed to contribute to the Recovery Program as <br />specified in this Biological Opinion. This money will be used to assist in the <br />recovery of the Colorado River endangered fish. Also, through execution of the <br />MOU (Appendix C), 3,000 acre-feet of water will be made available from July 15 <br />to October 15 on an average of 3 out of 5 years. With implementation of the <br />MOU and the ~tary contribution, the Service does not anticipate that the <br />proposed action will result in any incidental take of Colorado sQuawfish, <br />humpback. chub, or bony tail chub. Accordingly, no incidental tak.e is <br />authorized. Should any take occur, the Federal agency must reinitiate formal <br />consultation with the Servi ce and provi de the ci rcumstances surroundi ng the <br />take. <br /> <br />CONCLUSION <br /> <br />This concludes our Biological Opinion on the impacts of the proposed Muddy <br />Creek. project. The Service has determined that the impacts of the MUddy Creek <br />project will be offset by: (a) the applicant's agreement to pay <br />$lO.411acre-foot of average annual depletion or $80,324, to be adjusted <br />annually for inflation, to partially support recovery activities under the <br />Recovery Illllll!llll!ntation Program and may be accomplished by one of several <br />methods; and (b) the signing of an MOU between the Service and the Colorado <br />River Water Conservation District (River District) that provides for water <br />releases of 3,000 acre-feet from Muddy Creek Reservoir during July 15 to <br />October 15 to atI!J11e11t flows in the IS-mil e reach on an interim bas i s (i. e.. <br />until the Recovery Program has acquired and protected an equivalent amount of <br />water) . <br /> <br />Thi s opinion was based upon the information described herein. If new <br />information becoaes available, new species listed, or should there be any <br />changes in the total average annual amount of water depleted by this project <br />(7,716 acre-feet per year) or any other project change which alters the <br />operation of the project from that which is described in the Biological <br />Assessment and which may affect any endangered or threatened species in a <br />manner or to an extent not considered in this Biological Opinion (see <br />50 CFS 402.16), forlBl Section 7 consultation should be reinitiated. Section 7 <br />consultation also B1St be reinitiated if there is failure to carry out any part <br />of the conservationleasures upon which this opinion was based. The Service <br />requests that the Bureau and Corps incorporate the MOU between the Service and <br />the River District as a condition of their approval documents. Also, they <br />should condition their approval documents to retain jurisdiction should <br />Section 1 cOllSllltation need to be reinitiated. <br /> <br />Thank you for JlIUI" cooperation in the formulation of this opinion and your <br />interest in ClIIISl!I'Ying endangered species. <br /> <br />~f/3~ <br />