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2 water development in the Upper Basin. The following excerpts from the Recovery Program are pertinent to this consultation because they summarize portions of the Recovery program that address depletion impacts, section 7 consultation, and project proponent responsibilities: ". . . it is necessary to protect and manage sufficient habitat to support self-sustaining populations of these species. One way to accomplish this is to provide long term protection of the habitat by acquiring' or appropriating water rights to ensure instream flows . . . . Since this program sets in place a mechanism and a commitment to assure that the instream flows are protected under State law, ~ Service will consider these elements under section 7 consultation as offsettino oroiect deoletion imoacts." Ruedi Reservoir is currently considered an important interim source of augmentation water for attaining instream flow levels required by the endangered fish on the main stem Colorado River. In order to offset the depletion impacts created by Round II water sales and to further the Recovery Program in attaining its goal of ensuring sufficient instream flows, the following reasonable and prudent alternative has been developed. 1. Maintain Current Environmental Commitments Reclamation will continue to honor its environmental commitments made in the Round II FSES and the Service's 1987 Round II biological opinion. This includes the provision of 5,000 acre-feet of water annually to be delivered through the I5-mile reach of the Colorado River on a schedule determined by the Service and another 5,000 acre-feet of water through the IS-mile reach in 4 years out of 5. Environmental commitments are listed in detail in chapter 6 of the FSES. 2. Release of Uncommitted Reserves to the IS-Mile Reach A Memorandum of Understanding between the Service, Reclamation and the CWCB will be drafted by October 31, 1997, that identifies issues related to the release of uncommitted water in Ruedi Reservoir and a plan for resolving those issues. Reclamation will draft the MOU, offer it to the parties for signature, and revise it as necessary to get it signed by the parties. Reclamation will also take the lead in facilitating signature of the MOU by all of the parties. The MOU will address the parties roles and responsibilities in accomplishing following: a. An agreement between the Service, Reclamation, and the CWCB to split the remaining uncommitted marketable yield of 21,650 acre-feet between the CWCB and water allocated to fish and wildlife purposes. b. Repayment by the CWCB of its portion of the water under a long term Round II repayment/water service contract (repayment period ends 2019),