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z <br />concurrence is based on the information presented in the biological assessment that states that <br />habitats within Long Hollow and Government Draw that would be inundated by the proposed <br />reservoir do not provide suitable habitat for southwestern willow flycatcher. Also, no known <br />breeding birds (i.e. male birds on territories after June 20m) or nesting activities have been <br />documented along the La Plata River. Hydrologic changes in the La Plata River with <br />implementation of the project are not likely to adversely affect flycatcher habitat. <br />The Service concurs that the proposed project will have no effect on the following listed or <br />candidate species:.bikk-footed ferret (Mustela nigripes), Canada lynx (Lynx Canadensis), <br />Eskimo curlew (Numenius borealis), Gunnison sage-grouse (Centrocercus minimus), Mexican <br />spotted owl (Strix,occidentalis lucida), whooping crane (Gros Americana), yellow-billed cuckoo <br />(Coccyzus americanus), boreal toad (Bufo boreal boreas), Knowlton's cactus (Pediocactus <br />knowl6dh),'Mancos'inilk-vetch (Astragalus humillimus), and Mesa Verde cactus (Sclerocactus <br />mesae-verdae). <br />Consultation History <br />A Recovery Implementation Program for Endangered Fish Species in the San Juan Ril/er Basin <br />was initiated on November 1, 1992. The Recovery Program is intended provide recovery and <br />serve as the reasonable and prudent alternative to avoid the likelihood of jeopardy to the <br />endangered fishes caused by water depletions from the San Juan River. The Recovery Program <br />developed flow recommendations for the San Juan River (Holden 1999) that mimic the natural <br />hydrograph of the river by operating Navajo Dam according to specific criteria. <br />The Jicarilla Apache Nation is currently engaged in government-to-government consultation <br />with the Service regarding certain issues in the San Juan River Basin. The Nation has expressed <br />concerns about how past and future section 7 consultations may affect the Nation's ability to use <br />its San Juan River Basin water rights. The Nation, consistent with Secretarial Order 3206, is <br />consulting with the Service to ensure that: 1) the Nation does not bear a disproportionate burden <br />of endangered species conservation and, 2) any reasonable and prudent alternatives do not <br />discriminate against the Nation. In a letter dated March 31, 2005, the Jicarilla Apache Nation <br />stated that issues with the proposed Long Hollow Reservoir Project have been resolved and it is <br />appropriate to conclude the government-to-government consultation for this specific project. <br />In previous biological opinions addressing water depletions to the San Juan River, we included <br />water depletions associated with coalbed methane development on private lands in the <br />cumulative effects section. Cumulative effects are the effects of future State, Tribal, local, or <br />private actions that are reasonably certain to occur in the action area, but where no section 7 <br />consultation is anticipated. Coalbed methane wells occur on Federal, State, Tribal and private <br />lands. The Bureau of Land Management (BLM) and the Forest Service completed an <br />Environmental Impact Statement (EIS) addressing coalbed methane development in the Northern <br />San Juan Basin. Coalbed methane development will occur on Federal and private lands and is <br />expected to cause a water depletion of 216 acre-feet/year to the San Juan River basin. This water <br />depletion has been addressed in a biological opinion dated May 4, 2004 (ES/GJ-6-CO-03-F-022). <br />BLM also prepared an EIS on Oil and Gas Development (including coalbed methane) on the <br />Southern Ute Indian Reservation and consulted on water depletions associated with this <br />development under a BLM programmatic biological opinion for small water depletions for BLM <br />2