2012-08-08_REVISION - C1981019 (2)

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RECOVERY AGREEMENT This RECOVERY AGREEMENT is entered into this jday of "lano�t! , �Ob`7 , by and between the United States Fish and Wildlife Service (Service) and Colowyo Coal Company, L.P. (Water User). WHEREAS, in 1988, the Secretary of Interior, the Governors of Wyoming, Colorado and Utah, and the Administrator of the Western Area Power Administration signed a Cooperative Agreement to implement the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (Recovery Program); and WHEREAS, the Recovery Program is intended to recover the endangered fish while providing for water development in the Upper Basin to proceed in compliance with state law, interstate compacts and the Endangered Species Act; and WHEREAS, the Colorado Water Congress has passed a resolution supporting the Recovery Program; and WHEREAS, on January 10, 2005, the Service issued a programmatic biological opinion (2005 Opinion) on the Management Plan for Endangered Fishes in the Yampa River Basin concluding that implementation of specified elements of the Recovery Action Plan (Recovery Elements), along with existing and a specified amount of new depletions, are not likely to jeopardize the continued existence of the endangered fish or adversely modify their critical habitat in the Yampa River subbasin and Green River subbasin downstream of the Yampa River confluence; and WHEREAS, Water User is the owner of Colowyo Mine, Permit C -81 -019 — South Taylor /Lower Wilson Mining Area (Water Project), which causes or will cause depletions to the Yampa River subbasin; and WHEREAS, Water User desires certainty that its depletions can occur consistent with section 7 - and section 9 of the Endangered Species Act (ESA); and WHEREAS, the Service desires a commitment from Water User to the Recovery Program so that the Program can actually be implemented to recover the endangered fish and to carry out the Recovery Elements.