PERMFILE50679

• Permit No: C1980004A
• IBM Index Class Name: Permit File
• Doc Date: 5/13/2002
• Section_Exhibit Name: APPENDICES K - P
• Media Type: D
• Archive: Yes

,::;~
~~ FWS/GJ-6-CO-92-F-007 Page 5
The following excerpts are pertinent to the consultation because they
summarize portions of the Recovery Program that address depletion impacts,
Section 7 consultation, and project proponent responsibilities:
"All future Section 7 consultations completed after
approval and implementation of this program
(establishment of the Implementation Committee,
provision of congressional funding, and initiation of
the elements) will result in a one-time contribution
to be paid to the Service by water project proponents
in the amount of 510.00 per acre-foot based on the
average annual depletion of the project.... This
figure will be adjusted annually for inflation....
Concurrently with the completion of the Federal action
which initiated the consultation, e.g., ...issuance of
e 404 permit, 10 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-sustaining populations of
these species. One way to accomplish this is to
provide long term protection of the habitat by
acquiring or appropriating water rights to ensure
instream 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 proponents one-time
contribution to the Recovery Program in the amount of 510.00 per acre-foot of
the .project's average annual depletion, and (b) appropriate legal protection
of instream flows pursuant to State law. The Service believes it is essential
that protection of instream flows proceed expeditiously, before significant
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 (3.5 acre-feet) by the depletion charge in effect at
the time payment is made. For fiscal year 1992 (October 1, 1991, to September
• 30, 1992), the depletion charge is 511.50 per acre-foot of the average annual
depletion which equals .a total payment of 540.25 for this project. This
amount will be adjusted annually for inflation on October 1 of each year based