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The subject Project and its associated water depletions would result in a loss of water <br />from the Upper Colorado River Basin, and affect critical habitat in the Colorado River <br />from the confluence with Salt Creek to Lake Powell. <br />As the project's average annual new depletion of 724 acre-feet is below the current <br />sufficient progress threshold of 4,500 acre-feet, the Recovery Program will serve as <br />conservation measures to minimize adverse affects to the Colorado pikeminnow, <br />razorback sucker, humpback chub, and bonytail and destruction or adverse modification <br />of critical habitat caused by the project's new depletion. <br />With respect to the depletion contribution the applicant will make a one-time payment <br />which has been calculated by multiplying the Project's average annual depletion (acre- <br />feet) by the depletion charge in effect at the time payment is made. For Fiscal Year 2009 <br />(October 1, 2008, to September 30, 2009), the depletion charge is $18.29 per acre-foot <br />for the average annual depletion which equals a total payment of $ 13,241.96 for this <br />Project. The Service will notify the applicant of any change in the depletion charge by <br />September 1 of each year. Ten percent of the total contribution $ 1,324.20, or total <br />payment, will be provided to the Service's designated agent, the National Fish and <br />Wildlife Foundation (Foundation), at the time of issuance of the Federal approvals from <br />the BLM. The balance will be due at the time the construction commences. The <br />payment will be included by BLM as a permit stipulation. The amount payable will be <br />adjusted annually for inflation on October 1 of each year based on the Composite <br />Consumer Price Index. All payments should be. made to the Foundation: <br />National Fish and Wildlife Foundation <br />Attn: Donna McNamara, Finance Department <br />1133 15th Street, NW, Suite 1100 <br />Washington DC 20005 <br />The payment will be accompanied by a cover letter that identifies the project and <br />biological opinion number (ES/GJ-6-CO-08-F-008) that requires the payment, the <br />amount of payment enclosed, check number, and the following notation on the check - <br />"Upper Colorado Fish Recovery Program, NA. 1104". The cover letter also shall identify <br />the name and address of the payor, the name and address of the Federal Agency <br />responsible for authorizing the project, and the address of the Service office issuing the <br />biological opinion. This information will be used by the Foundation to notify the BLM, <br />the lead Federal Agency, and the Service that payment has been received. The <br />Foundation is to send notices of receipt to these entities within 5 working days of its <br />receipt of payment. <br />Conservation Measures <br />Conservation measures are actions that the action agency and applicant agree to <br />implement to further the recovery of the species under review. The beneficial effects of <br />conservation measures are taken into consideration for determining both jeopardy and <br />adverse modification analyses. As explained in the Consultation History section, the <br />Recovery Program is intended to implement actions that are needed to recover the <br />endangered fishes and avoid jeopardy and adverse modification of critical habitat. <br />6