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<br /> <br />o <br />o <br />(-, <br />~ <br />C':~J <br />W <br /> <br />. <br /> <br />. <br /> <br />affected by the proposed action. Section 7 consultations in accordance with these procedures <br />will include compliance with Department of the Interior Secretarial Order 3206, June 5,1997 <br />regarding "American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the <br />Endangered Species Act <br /> <br />3.0 Animas-La Plata Project Baseline. <br /> <br />A final biological opinion on the Animas-La Plata Project was issued on October 25, 1991. The <br />reasonable and prudent alternatives specified were 1) an Animas-La Plata Project that results in an <br />initial depletion of 57,100 acre-feet, 2) seven years of research to determine endangered fish <br />habitat needs, 3) operation of Navajo Dam to provide a wide range of flow conditions for the <br />endangered fish during the seven year research period, 4) a guarantee that Navajo Reservoir will <br />be operated for the life of the Animas-La Plata Project to mimic a natural hydrograph based on <br />research, and 5) legal protection for reservoir releases to and through the endangered fish habitat <br />and a commitment to develop and implement a recovery implementation program for the San <br />Juan River. A Memorandum of Understanding to implement the reasonable and prudent <br />alternative was executed on October 24, 1991. The reasonable and prudent alternatives for the <br />Animas-La Plata Project also provide the reasonable and prudent alternatives for Endangered <br />Species Act compliance purposes for the depletion impacts of all water depletions in the San Juan <br />River Basin existing as of October 25, 1991 (existing projects), the date of the Animas-La Plata <br />biological opinion. <br /> <br />Following designation of critical habitat for the Colorado squawfish and razorback sucker in <br />1994, consultation on the effects of Animas-La Plata was reinitiated. The 1996 Biological <br />Opinion resulting from that consultation provided an amended summary of baseline depletions <br />that reflected readjustment of depletions resulting from projects of the Navajo Nation that were <br />necessary in the intervening consultation on the Navajo Indian Irrigation Project Blocks 1 through <br />8. The 1996 Animas-La Plata opinion refined the reasonable and prudent alternative of the <br />original opinion to: 1) limitation of the proposed project to only those features that would result in <br />an annual maximum depletion of 57, 1 00 acre-feet until all elements of the reasonable and prudent <br />alternative are completed and/or implemented, changing to an annual average depletion upon the <br />finding that 300,000 acre-feet of water for spring releases for endangered fishes 96 percent of the <br />time; 2) continuation of Reclamation financial support of and participation in the San Juan River <br />Basin Recovery Implementation Program and the seven-year research program; 3) continuation of <br />Reclamation's operation of Navajo Dam under study guidelines developed through the research on <br />various flows in the San Juan River; 4) following formulation of year-round flow <br />recommendations, operation of Navajo Dam to mimic a natural hydrograph for the life of the <br />Animas-La Plata Project; and 5) establishment of specific procedures by which implementation of <br />flow recommendations developed by the Program's Biology Committee would be accomplished <br />during the research period. The reasonable and prudent alternatives for the Animas-La Plata <br />Project continue to provide the reasonable and prudent alternatives for Endangered Species <br />Act compliance purposes for the depletion impacts of all water depletions in the San Juan <br />River Basin existing as of October 25, 1991, the date of the Animas-La Plata biological <br />opinion. Non-depletion impacts of existing projects subject to ESA compliance are addressed in <br />these principles. <br />