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<br />Since such measures will develop critically important data on the survival <br />• needs of the fish, attempt to restore essential habitat, and allow a <br />conservation program to be implemented, funding of these activities by project <br />sponsors is considered a reasonable and prudent alternative designed to <br />compensate for or prevent the adverse effects of water depletion. Under a <br />procedure developed by the FWS, Upper Basin project sponsors are assessed a <br />proportion of the total cost needed to support these conservation measures, <br />currently estimated at approximately 25 million dollars. <br />The cost assessed any particular project Se based upon the amount of water <br />that the project would annually deplete from the UCRB in proportion to the <br />amount available for development. It has been estimated by the Bureau of <br />Reclamation that a total of 1.906 million acre-feet (Maf) remains available <br />for development in the Upper Basin under the Colorado River Compact. Of this <br />amount, 231,000 acre-feet are allocated to Arizona and New Mexico and will <br />eventually be diverted from the San Juan River and would not affect areas of <br />currently occupied habitat in the Colorado River and Green River sub-basins. <br />This leaves 1.675 Maf in the UCRB as the value against which project <br />depletions are assessed calculating a project's proportion of the conservation <br />measures. Based upon the average use projection of 149.3 acre-feet per year <br />for the Eckman Park Mine, the amount of contribution to the Conservation <br />Measures would not exceed $2,228.00. A contribution of this amount to the <br />conservation fund will offset the impacts of the project depletion of water to <br />listed fishes and will avoid jeopardy for these species. Arrangements for the <br />contribution of these funds should be made ae soon as possible, prior to the <br />time that your Federal approval (OSM permitting action) is finalized. Payment <br />should be made to the Regional Director, U.S. Fish and Wildlife Service, P.O. <br />Box 25486, Denver Pederal Center, Denver, Colorado, 80225. <br />Should there be any changes in the amount of water depletion (149.3 acre-feet <br />on an average, annual basis) or any other project change from that which was <br />proposed which may affect any endangered or threatened species, or if there 1e <br />failure to comply with the Conservation Measures outlined above, then the FWS <br />should be contacted to determine if further consultation ie required. <br />Thank you for your interest in conserving endangered species. <br />cc: Colorado Yampa Coal Company <br />C~~,~ c~, <br /> <br />4 <br />