PERMFILE40373

• Permit No: C1996083
• IBM Index Class Name: Permit File
• Doc Date: 1/15/2002
• Doc Name: 1995 AND1996
• Section_Exhibit Name: Volume III Exhibit 09 Wildlife
• Media Type: D
• Archive: No

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