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12 <br />Utah, Grand Countv: and Colorado, Mesa Countv. The Colorado River from <br />Black Rocks (river mile 137) in T. 10 S., R. 104 W., section 25 <br />(6th Principal Meridian) to Fish Ford (river mile 106) in T. 21 S., <br />R. 24 E., section 35 (Salt Lake Meridian). <br />Utah. Garfield and San Juan Counties. The Colorado River from Brown <br />Betty Rapid (river mile 212.5) in T. 30 S., R. 18 E., section 34 (Salt <br />Lake Meridian) to Imperial Canyon (river mile 200) in T. 31 S., <br />R. 17 E., section 28 (salt Lake Meridian). <br />REASONABLE AND PRUDENT ALTERNATIVES <br />On January 21-22, 1988, the Secretary of the Interior; the Governors of <br />Wyoming, Colorado, and Utah; and the Administrator of the Western Area Power <br />Administration were cosigners of a Cooperative Agreement to implement the <br />"Recovery Implementation Program for Endangered Fish Species in the Upper <br />Colorado River Basin" (Recovery Program) (U.S. Fish and Wildlife Service <br />1987). An objective of the Recovery Program was to identify reasonable and <br />prudent alternatives that would ensure the survival and recovery of the listed <br />species while providing for new water development in the Upper Basin. <br />The following excerpts are pertinent to the consultation because they <br />summarize portions of the Recovery Program that address depletion impacts, <br />Section 7 consultation, and project proponent responsibilities: <br />"All future Section 7 consultations completed after <br />approval and implementation of this program <br />(establishment of the Implementation Committee, <br />provision of congressional funding, and initiation of <br />the elements) will result in a one-time contribution <br />to be paid to the Service by water project proponents <br />in the amount of E10.00 per acre-foot based on the <br />average annual depletion of the project This <br />figure will be adjusted annually for inflation [the <br />current figure is 512.34 per acre-foot] . <br />Concurrently with the completion of the Federal action <br />which initiated the consultation, e.g., issuance <br />of a 404 permit, 10 percent of the total contribution <br />will be provided. The balance will be due <br />at the time the construction commences ." <br />It is important to note that these provisions of the Recovery Program were <br />based on appropriate legal protection of the instream flow needs of the <br />endangered Colorado River fishes. The Recovery Program further states: <br />". .. it is necessary to protect and manage <br />sufficient habitat to support self-sustaining- <br />populati.o.ns of. these species. One way to accomplish <br />this is to provide long term protection of the habitat <br />by acquiring or appropriating water rights to ensure <br />instream flows Since this program sets in <br />