2004-06-29_PERMIT FILE - C1981038 (3)

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23 percent of the total contribution will be provided. The balance ...will be ...due at the time the construction commences ...." It is important to note that these provisions of the Recovery Program were based on appropriate legal protection of the instream flow needs of the endangered Colorado River fishes. The Recovery Program further states: "... it is necessary to protect and manage sufficient habitat to support self-sustaitting populations of these species. One way to accomplish this is to provide long term protection of the habitat by acquiring or appropriating wa:'r rights to ensure instream flows .... Since this program sets in place a mechanism and a commitment to assure that the instream flows aze protected under State law, the Service will consider these elements under section 7 consultation as offsettine proiect denletion impacts." Thus, the Service has determined that depletion impacts, which the Service has consistently maintained are likely to jeopazdize the listed fishes, can be offset by (a) the water project proponent's one-time contribution to the Recovery Program in the amount of $14.36 per acre-foot of the project's average annual depletion, (b) appropriate legal protection of instream flows pursuant to State law, and (c) accomplishment of activities necessary to recover the endangered fishes as specified under the Plan. The Service believes it is essential that protection of instream flows proceed expeditiously, before significant additional water depletions occur. New Depletion The Service has determined that, because the project's average annual new depletion of 155.6 acre-feet is below the current sufficient progress threshold of 3,000 acre-feet, the Recovery Program can serve as the reasonable and prudent alternative to avoid jeopardy to the Colorado pikeminnow, razorback sucker, humpback chub, and bonytail and destruction or adverse modification of critical habitat caused by the project's new depletion. With respect to the depletion charge described above, the applicant will make aone-time payment which has been calculated by multiplying the project's average annual new depletion (155.6 acre-feet) by the depletion chazge in effect at the time payment is made. For Fiscal Yeaz 2000 (October 1, 1999, to September 30, 2000), the depletion chazge is 514.36 per acre-foot for the average annual depletion which equals a total payment of $2,234.42 for this project. Ten percent of the total contribution ($223.44), or total payment, will be provided to the Service's designated agent, the National Fish and Wildlife Foundation, at the time of issuance of the Federal approvals from the UStii. The balance will be due at the time the construction commences. The payment will be included by the OSI~f as a permit stipulation. The amount payable will be adjusted annually for inflation on October 1 of each yeaz based on the Consumer Price Index. The funds will be used for acquisition of water rights (or direc[ly-related activities)