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Page 2 <br />Included in the Recovery Program was the requirement that a depletion fee <br />would be paid to help support the Recovery Program. On March 5, 1995, the <br />Service issued an intra-Service biological opinion determining that the <br />depletion fee for depletions of 100 acre-feet or less are no longer required <br />because the Recovery Program has made sufficient progress to be the reasonable <br />and prudent alternative to avoid the likelihood of jeopardy to the endangered <br />fishes and to avoid destruction or adverse modification of their critical <br />habitat by depletions of 100 acre-feet or less. Therefore, the depletion fee <br />for this project is waived. <br />cc: CDMG, Denver <br />CDOW, Grand Junction <br />FWS/ES, Golden <br />FWS/ES, Denver <br />-~'~a'11~,^ <br />Tlrelard:Yoast.FB0:07S 195 <br />