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<br />On May 4, 1990, a new Draft Biological Opinion was produced
<br />by the U.S. Fish and Wildlife Service. The Fish and Wildlife Service
<br />concluded:
<br />
<br />"This concludes our Biological Opinion on the impacts of the proposed
<br />,,;A;nimas-laPl at,a Pr.oject. lih-e Servi ce h'lfs deotreMllin'e<t that the- ,impacts 01-,' "
<br />,the project are likely to jeopardize the continued existence of the
<br />Colorado squawfish, and further, that no reasonable and prudent
<br />alternatives have been identified as a result of this consultation. The
<br />Service has further determined that the proposed Animas-LaPlata Project
<br />is not likely to jeopardize the continued existence of the bald eagle.
<br />
<br />"Because the SanJuan River stream flows are alre,ady., at a crttical level
<br />f.or the endangered fish, the Servi ce recommends tha,t no further commi t-
<br />:inent to deliver water from projects in the San Juan' Rtver Basin be made
<br />'until Section 7 consultation has been completed for' S'uch delivery.
<br />
<br />"The Service further recommends that, in order to insure the long-term
<br />protection of endangered ,fish in the San Juan River, that the Bureau
<br />enter into a cooperative agreement with the Service to conduct studies
<br />on the San Juan River which will provide quantitative assessment of
<br />fl ow requi rements to meet hab i tat needs of Colorado' sq-uawfish (and
<br />razorback sucker, if listed) during critical portions of their life
<br />history. These times include staging, spawning, nursery and over-winter-
<br />ing. These studies should begin in FY-9~ and continue for sufficient
<br />,. time to allow for the determination of S'p>ecific fllilwJh,abitat require-
<br />ments for endangered fishes in the San Juan River.
<br />
<br />"The Service believes that the studies needed can best be determined
<br />by an interagency team consisting of the Fish and W-ildlife Service,
<br />Bureau of Reclamation, and the fish and wildlife ag~flcies of the States
<br />of Colorado, New Mexico, and Utah. The team should be convened immed-
<br />,'iately and given no more than three mont,hs to prep'lf,ra and transmit a
<br />study plan to the Service and Bureau for approval. Any and an study "
<br />activities must be consistent with provisions in this, and other, bio-
<br />logical ophions within the San Juan sub-b.asin. DUilling the study, period'i,.'
<br />;;,) the Bureau would provide sufficient wate,II" in the Sifll'i Juan Rive-II tin'allow,
<br />empirical. studies of river flows and imp,!'.cts on fii:sh, populations, ~nd
<br />thei I" habi tats. The Servi ce recogni zes that the iihws needed' for
<br />"these stud i es may not be ava il ab 1 e duri ng severe <t-rought peri'ods.
<br />Should this happen, the study time period shall be increased by one
<br />year for each year that the needed flows are not available.
<br />
<br />"This opinion was based upon the best scientific and commercial data
<br />available as described herein. If new information becomes available
<br />(such as results of the proposed studies) or if new species are listed,
<br />then formal Section 7 consultation should be reinitiated."
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