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• RECOVERY AGREEMENT <br />This RECOVERY AGREEMENT is entered into this ~da_y of Janes„-/ ~Z> by <br />and between the United States Fish and Wildlife Service (Service)) and~Coal Company, <br />L.P. (Water User). <br />WHEREAS, in 1988, the Secretary of Interior, the Governors of Wyoming, Colorado and Utah, <br />and the Administrator of the Western Area Power Administration signed a Cooperative <br />Agreement to implement the Recovery Implementation Program for Endangered Fish Species in <br />the Upper Colorado River Basin (Recovery Pro~am); and <br />WHEREAS, the Recover}' Program is intended to recover the endangered fish while providing <br />for water development in the Upper Basin to proceed in compliance with state law, interstate <br />compacts and the Endangered Species Act; and <br />WHEREAS; the Colorado Water Congress has passed a resolution supporting the Recovery <br />Prograul; and <br />VdHEREAS, on January ] 0, ?005, the Service issued a programmatic biological opinion (2005 <br />Opinion) on the Mm2agemerat Plan,for Endangered Fishes in the Pampa River Basin <br />concluding that implementation of specified elements of the Recovery Action Plan (Recovery <br />• Elements), along with existing and a specified amount of new depletions, are not likely to <br />jeopardize the continued existence of the endangered fish or adversely modify their critical <br />habitat in the Pampa River subbasin and Green River subbasin downstream of the Yampa River <br />confluence: and <br />WHEREAS. Water User is the owner of Colowyo Mine; Permit G81-019 -South Taylor/Lower <br />Wilson Mining Area (Water Projectj, which causes or will cause depletions to the Yampa River <br />subbasin; and <br />WHEREAS, Water User desires certaint}'that its depletions can occur consistent with section 7 <br />and section 9 of the Endangered Species Act (ESA); and <br />WHEREAS, the Service desires a commitment from Water User to the Recovery Prot~rr'am so <br />that the Program can actually be implemented to recover the endangered fish and to carry out the <br />Recovery Elements. <br /> <br />