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4-34 <br />WATER DEPLETION ESTIMATES <br />The operator has entered into Section 7 consultations on three separate <br />occasions. The first was in 1986 when a1.5 acre-feet per year water depletion <br />estimate was approved by the Office of Surface Mining. The U.S. Fish and <br />Wildlife Service issued a biological opinion dated March 3, 1986. The operator <br />made a $22.50 contribution to the National Fish and Wildlife Foundation to <br />mitigate this estimated water depletion. <br />The second consultation occurred during 1992. Increased depletions <br />amounted to 3.5 acre-feet per year which brought the total estimated depletion to <br />5,0 acre feet per year. The U.S. Fish and Wildlife Service issued a biological <br />opinion dated April 16, 1992. The operator made a $41.93 contribution to the <br />National Fish and Wildlife Foundation to mitigate this additional estimated water <br />depletion. <br />The third occurred during 2000. Increased depletions amounted to 0.9 <br />acre-feet which brought the total estimated depletion to 5.9 acre feet per year. <br />The U.S. Fish and Wildlife issued a two page biological opinion dated January <br />11, 2000. Their letter indicates the depletion fee is waived. <br />The third occurred during 2002. Increased depletions amounted to 7.49 <br />acre-feet which brought the total estimated depletion to 13.39 acre feet per year. <br />The U.S. Fish and Wildlife issued a biological opinion dated January 10, 2002. <br />Their letter indicates the depletion fee is waived. <br />The USFWS issued an intra-Service biological opinion determining that <br />the depletion fee for depletions of 100 acre-feet or less are no longer required <br />because the recovery Program has made sufficient progress to be the <br />reasonable and prudent alternative to avoid likelihood of jeopardy to the <br />endangered fishes (including the Colorado pikeminnow, humpback chub, bonytail <br />and razorback sucker) and to avoid destruction or adverse modification of their <br />critical habitat by depletions of 100 acre-fee or less. <br />See Volume II, Appendix P, Water Depletion Estimates for copies of the <br />above referenced consultations and depletion estimates. <br />Mc Volume 1 03/06 <br />