WSP04991

• File Number: 8220.111.K
• Description: Central Utah Participating Project
• State: UT
• Basin: Colorado Mainstem
• Date: 7/29/1988
• Title: Final Biological Opinion: Duchesne River Basin Utah
• Water Supply Pro - Doc Type: Biological Opinion

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habitat in a manner or to an extent not previously considered: c) if the
identified action is subsequently modified in a manner that causes an effect
to the listed species or critical habitat that was not considered in the
biological opinion; or d) if a new species is listed or critical habitat
designated that may be affected by the identified action.

Pursuant to Section 205 of the Central Utah Project Completion Act (Titles II
through VI of Public Law 102-575. 106 Stat 4605, Oct. 1992) the Central Utah
Water Conservancy District is considered a Federal agency for purposes of
compliance with all Federal fish. wildlife. recreation. and environmental
laws. Specifically the District's Act compliance shall include. but not be
limited to: (a) compliance with the provisions of 50 CFR 402 (Interagency
Cooperation-Endangered Species Act of 1973. as Amended; Final Rule);
(b) compliance with all sections of the Act including section 7 (a) (1), and;
(c) the District will comply with. and be bound by. the provisions of the
Recovery Implementation Program (RIP), and the Recovery Implementation
Program Recovery Action Plan (RIP RAP) and any amendments or supplements
thereto. The requirement for section 7 consultation on these ongoing Federal
actions (Table 1) is consistent with environmental compliance required by the
Central Utah Project Completion Act. with ongoing Federal funding or
permitting approval, and with the recent listing of the razorback sucker
(Xyrauchen texanus) and designation of critical habitat in the lower 2.5 miles
of the Duchesne River.

For administrative convenience and for timely compliance with section 7 of the
Act. all existing and anticipated impacts of both historic and newly proposed
Federal projects within the action area will be included in this basin wide
consultation. Projects listed on Table 1 are owned. operated. funded. being
constructed. planned. or otherwise carried out by Federal agencies and/or
instrumentalities of the United States. Projects in Table 1 all affect the
Duchesne River basin. its listed species, and its designated critical habitats
in a cumulative manner. Therefore. their combined effects are consjdered in
this biological opinion.

Consistent with Part 402 of Title 50. Code of Federal Regulations. section 7
consultation is conducted between the Service and other Federal agencies.
Moreover. the ultimate responsibility for compliance with section 7 remains
with Federal action agencies. However. in the spirit of cooperation created
by the RIP. other entities (e.g.. State. local. and tribal interests) are
brought into the process as each project is reviewed and evaluated to minimize
negative impacts and/or improve conditions for endangered fishes. Copies of
this opinion are transmitted concurrently to each agency as part of the
consultation process. Consistent with the Service's Native American Policy a
copy of this opinion will be provided to the Ute Indian Tribe.