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Also, the analysis for this biological opinion assumed impacts to peak flows based on <br />anticipated future uses of water, if water is used in a substantially different timing regime <br />that adversely affects endangered fishes in a way not considered in this opinion, then <br />reinitiation of consultation is required. The Recovery Program will monitor all new <br />water projects that deplete more than 100 AF/year to determine their impacts to peak <br />flows on the Yampa River. In addition, the Recovery Program will monitor projects <br />individually depleting 100 AF/year or less in cumulative increments of 3,000 AFlyem to <br />determine their impacts to peak flows. <br />4. The Service lists new species or designates new or additional critical habitat, where the <br />level or pattern of depletions covered under this opinion may have an adverse impact on <br />the newly listed species or habitat. If the species or habitat may be adversely affected by <br />depletions, the Service will reinitiate consultation on the programmatic biological opinion <br />as required by its section 7 regulations. The Service will first determine whether the <br />Recovery Program can avoid such impact or can be amended to avoid the likelihood of <br />jeopardy and/or adverse modification of critical habitat for such depletion impacts. If the <br />Recovery Program can avoid the likelihood of jeopardy and/or adverse modification of <br />critical habitat no additional recovery actions for individual projects would be required, if <br />the avoidance actions are included in the Recovery Action Plan. If the Recovery <br />Program is not likely to avoid the likelihood of jeopardy and/or adverse modification of <br />critical habitat then Che Service will reinitiate consultation and develop reasonable and <br />prudent alternatives. <br />• if the annual assessment indicates that either the recovery actions specified in this opinion have <br />not been completed or that the status of all four fish species has not sufficiently improved, the <br />Service intends to reinitiate consultation on the Yampa Plan to specify additional measures to be <br />taken by the Recovery Pro~-am to avoid the likelihood of jeopardy and/or adverse modification <br />of critical habitat for depletions. If other measures are determined by the Service or the <br />Recovery Program to be needed for recovery prior to the review, they can be added to the <br />Recovery Action Plan according to standard procedures, outlined in that plan. If the Recovery <br />Program is unable to complete those actions which the Service has determined to be required, <br />consultation on projects with a Federal nexus may be reinitiated in accordance with ESA <br />regulations and this opinion's reinitiation requirements. The Service may also reinitiate <br />consultation on the Recovery Program if fish populations do not improve according to the <br />population response criteria to be developed within one year of the issuance of this biological <br />opinion. Failure to maintain a positive response, whenever achieved, will be considered a <br />negative response and subject to reinitiation. <br />If the Service reinitiates consultation, it will first provide information on the status of the species <br />and recommendations for improving population numbers to the Recovery Program. Only if the <br />Recovery Program does not implement recovery actions to improve the status of the species, will <br />the Service reinitiate consultation with individual projects. The Service intends to reinitiate <br />consultations simultaneously on all depletions. <br />All individual consultations conducted under this programmatic opinion will contain language <br />requesting the applicable Federal agency to retain sufficient authority to reinitiate consultation <br />should reinitiation become necessary. The recovery agreements to be signed by non-Federal <br />a <br />