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• 14 <br />chub, bonytail, and razorback sucker that the Service has listed these species <br />as endangered and has implemented programs to prevent them from becoming <br />extinct. <br />Water depletions reduce the ability of the river to create and maintain <br />critical habitat. Food supply, predation, and competition are important <br />elements of the biological environment. Food supply is a function of nutrient <br />supply and productivity, which could be limited by reduction of high spring <br />flows brought about by water depletions. Predation and competition from <br />nonnative fish species have been identified as factors in the decline of the <br />endangered fishes. Water depletions contribute to alterations in flow regimes <br />that favor nonnative fishes. The Service concludes that water depletions <br />impact the primary constituent elements; however, reasonable and prudent <br />alternatives have been developed by the Service that would avoid destruction <br />or adverse modification to the critical habitat. <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 (establishment <br />of the Implementation Committee, provision of <br />congressional funding, and initiation of the elements) <br />will result in a one-time contribution to be paid to the <br />Service by water project proponents in the amount of <br />510.00 per acre-foot based on the average annual depletion <br />of the project This figure will be adjusted <br />annually for inflation [the current figure is E12.34 per <br />acre-foot] Concurrently with the completion of <br />the Federal action which initiated the consultation, e.g., <br />. issuance of a 404 permit, 10 percent of the total <br />contribution will be provided. The balance will <br />be due at the time the construction <br />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 />