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<br />45 <br /> <br />flow recommendations, (5) a commitment to release peak flows out of Navajo Dam <br />as agreed upon with the Biology and Navajo Dam Operating Committees, (6) a <br />guarantee that, based on the results of the research program and dependent <br />upon the prevailing hydrology, Navajo Dam will be operated for the life of the <br />Animas-la Plata Project to mimic a natural hydrograph, Reclamation has agreed <br />under section 7 (a) 1 to reoperate Navajo Dam for recovery of endangered <br />fishes and (7) legal protection for the reservoir releases instream to and <br />through the endangered fish habitat to lake Powell. In order to preclude <br />jeopardy and adverse modi fi cat ion , all seven elements must be implemented. <br /> <br />The Service has further determined that the proposed Project is not likely to <br />jeopardize the continued existence of the bald eagle, but has developed <br />conservation recommendations to help offset impacts. <br /> <br />This opinion was based upon the best scientific and commercial data available <br />as described herein. If new information becomes available, new species <br />listed, or should there be any changes to the Project which alter the <br />operation of the Project from that which is described in this biological <br />opinion and which may affect any endangered or threatened species in a manner <br />or to an extent not considered in this biological opinion (see 50 CFR, Part <br />402.16), formal section 7 consultation shall be reinitiated. Section 7 <br />consultation also must be reinitiated if there is failure to carry out any <br />portion of the reasonable and prudent alternative upon which this opinion is <br />based. <br /> <br />Section 7(d) of the Endangered Species Act requires that Reclamation shall not <br />make any irreversible or irretrievable commitment of resources which would <br />preclude the formulation of reasonable and prudent alternatives until <br />consultation on listed species is completed. Therefore, adoption of the <br />reasonable and prudent alternative described above is not a violation of <br />section 7(d) of the Endangered Species Act. <br /> <br />Thank you for your cooperation in the formulation of this opinion and your <br />interest in conserving endangered species. <br /> <br />cc: Mailing List <br /> <br />Fi~ <br /> <br /> <br />/ <br /> <br />