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.~ <br />15 <br />flows Since this program sets in place a <br />mechanism and a commitment to assure that the instream <br />flows are protected under State law, the Service will <br />Thus, the Service has determined that project depletion impacts, which the <br />Service has consistently maintained are likely to jeopardize the listed <br />fishes, can be offset by (a) the water project proponent's one-time <br />contribution to the Recovery Program in the amount of 513.04 per acre-foot of <br />the project's average annual depletion, (b) appropriate legal protection of <br />instream flows pursuant to State law, and (c) accomplishment of activities <br />necessary to recover the endangered fishes as specified under the Recovery <br />Implementation Program Recovery Action Plan (Plan). The Service believes it <br />is essential that protection of instream flows proceed expeditiously, before <br />significant additional water depletions occur. <br />With respect to (a) above (i.e., depletion charge), the applicant will make a <br />one-time payment which has been calculated by multiplying the project's <br />average annual depletion (121.8 acre-feet) by the depletion charge in effect <br />at the time payment is made. For Fiscal Year 1996 (October 1, 1995, to <br />September 30, 1996), the depletion charge is 513.04 per acre-foot for the <br />average annual depletion which equals a total payment of 51,588.27 for this <br />project. The Service will notify the applicant of any change in the depletion <br />charge by September 1 of each year. Ten percent of the total contribution <br />(5158.83), or total payment, will be provided to the Service's designated <br />agent, the National Fish and Wildlife Foundation at the time of issuance of <br />the Federal approvals from the Office of Surface Mining, Reclamation, and <br />Enforcement. The balance will be due at the time the construction commences. <br />The payment will be included by the Office of Surface Mining, Reclamation, and <br />Enforcement as a permit stipulation. The amount payable will be adjusted <br />annually for inflation on October 1 of each year based on the Composite <br />Consumer Price Index. Fifty percent of the funds will be used for acquisition <br />of water rights to meet the instream flow needs of the endangered fishes <br />(unless otherwise recommended by the Implementation Committee); the balance <br />will be used to support other recovery activities for the Colorado River <br />endangered fishes. All payments should be made to the Foundation. <br />National Fish and Wildlife Foundation <br />1120 Connecticut Avenue, N.W. <br />Suite 900 <br />Washington, D.C. 20036 <br />In a letter dated July 23, 1996, Jim Stover, a Consulting Engineer for Bowie <br />Resources Limited, agreed to this payment (Appendix A). <br />Each payment is to be accompanied by a cover letter that identifies the <br />project and biological opinion that requires the payment, the amount of <br />payment enclosed, check number, and any special conditions identified in the <br />biological opinion relative to disbursement or use of the funds (there are <br />none in this.instance). The cover letter also shall identify the name and <br />address of the payor, the name and address of the Federal Agency responsible <br />