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minor reduction in foraging habitat at the Piceance Site and along the pipeline corridor would not significantly affect peregrine falcon populations. H.5.2 Fish Waters of the project area are tributary to the Upper Colorado River Basin and are indirectly associated with four endangered fish species: the Colorado squawflsh, humpback chub, razorback sucker, and bonytail chub. Designated critical habitat for the squawfish and razorback sucker occurs in the Colorado River downstream of Rifle and includes the confluence with Parachute Creek. Designated critical habitat for the humpback chub and bonytail chub occurs downstream of Parachute Creek. The White River downstream from Rio Blanco Lake, including the confluence with Piceance Creek, is designated critical habitat for all four Colorado River endangered fish species mentioned above. None of the above- mentioned listed species are known to occur in Piceance Creek. Three additional Upper Colorado River Basin fish species that occur in the Colorado River and White River, the flannelmouth sucker, the bluehead sucker, and the roundtail chub, are state "special concern" species. Another state "special concern" species, the Colorado River cutthroat trout, occurs in headwaters of Parachute Creek. Hybrid populations may occur at stream crossings of the project pipeline corridor. Impacts Groundwater and surface water withdrawals can result in tangible depletions of downgradient surface waters, which could contribute to cumulative downstream flow depletions and corresponding cumulative adverse affects on downstream threatened and endangered fisheries values. However, commercial mining operations at the Yankee Gulch Project will use existing water rights to allow process water to be taken from the Colorado River via an existing intake located in the river near the town of Parachute. These water rights will also allow water to be withdrawn from existing water wells in the Parachute Creek drainage. Use of existing water rights will eliminate any new water depletions from commercial operation of the Yankee Gulch Project. Because the project does not involve any nondepletion impacts that would modify or change existing habitat conditions, no impacts to designated critical habitat are anticipated. Depletions from the Upper Colorado River Basin are determined from abasin-wide context, and, therefore, such depletions cannot be replaced by within-basin sources. For small depletions, monetary compensation determined on an acre-foot per year basis has been developed and adopted as the most equitable and efficacious means of mitigating potential depletion-related impacts to the endangered Upper Colorado River Basitt fish. American Soda believes that the use of existing water rights is likely to preclude the H-8