2013-03-06_REVISION - C1992081 (6)

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J. r 16 of a 404 permit, 10 percent of the total contribution will be provided. The balance . . . will be . . . due at the time the construction commences . . . ." It is important to note that these provisions of the Recovery Program were based on appropriate legal protection of the instream flow needs of the endangered Colorado River fishes. The Recovery Program further states: " . it is necessary to protect and manage sufficient habitat to support self - sustaining populations of these species. One way to accomplish this is to provide long term protection of the habitat by acquiring or appropriating water rights to ensure instream flows . . . . Since this program sets in place a mechanism and a commitment to assure that the instream flows are protected under State law, thq Service_ will consider these elements under Section 7 consultation_ as offsetting project .depletion impacts." Thus, the Service has determined that project depletion impacts, which the Service has consistently maintained are likely to jeopardize the listed fishes, can be offset by (a) the water project proponents one -time contribution to the Recovery Program in the amount of $11.98 per acre -foot of the project's average annual depletion, (b) appropriate legal protection of instream flows pursuant to State law, and (c) accomplishment of activities necessary to recover the endangered fishes as specified under the Recovery Implementation Program Recovery Action Plan (Plan). The Service believes it is essential that protection of instream flows proceed expeditiously, before significant additional water depletions occur. With respect to (a) above (i.e., depletion charge), the applicant will make a one --time payment which has been calculated by multiplying the project's average annual depletion (56.4 acre -feet) by the depletion charge in effect at the time payment is made. For Fiscal Year 1993 (October 1, 1992, to September 30, 1993), the depletion charge is $11.98 per acre -foot for the average annual depletion which equals a total payment of $675.67 for this project. This amount will be adjusted annually for inflation on October 1 of each year based on the previous year's Composite Consumer Price Index. The Service will notify the applicant of any change in the depletion charge by September I of each year. Ten percent of the total contribution ($67.57), or total payment, will be provided to the Service or its designated agent at the time of issuance of the Federal approvals from the Office of Surface Mining. The balance will be due at the time the construction commences. The payment will be included by the Office of Surface Mining as a permit stipulation. The amount payable will be adjusted annually for inflation on October 1 of each year based on the Composite Consumer Price Index. Fifty percent of the funds will be used for acquisition of water rights to meet the instream flow needs of the endangered fishes (unless otherwise recommended by the Implementation Committee); the balance will be used to support other recovery activities for the Colorado River endangered fishes. Payment should be made to the National Fish and Wildlife Foundation (Foundation).