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reasonable and prudent conservation measures (i.e., funding contributions to the Recovery Program), water depletions from the Colorado River Basin attributable to the entire mine /power plant system were not likely to jeopardize the continued existence of the Colorado pikeminnow, humpback chub, bonytail, or razorback sucker, and that water depletions are not likely to destroy or adversely modify designated critical habitat. The Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin serves as the reasonable and prudent alternative to avoid jeopardy and provide recovery to the endangered fishes impacted by depletions from the Colorado River Basin. As a means of avoiding the likelihood of jeopardy to the endangered fishes and avoiding destruction or adverse modification of their critical habitat, the project has provided a one -time contribution to the Recovery Program in the amount equal to the average annual amount of water removed from the White River (Colorado and Utah). The operator's current contribution to the Recovery Program extends to an average annual depletion rate of 512 acre -feet per year (Biological Opinion ES- 6- RO -95 -F- 001 - GJ286; 12/01/1999), which in recent practice (2009 -2010) has amounted to about 360 acre -feet. The Proposed Action would involve extending the current operational aspects of mining, coal transport, and power generation with no increased demand for water anticipated over the life of the project. Water use and depletion influences on endangered fish and critical habitat attributable to this operation would not be altered in response to leasing the LBA and depletions would remain within BME's 512 acre -feet per year Recovery Program allowance. Since the estimated depletion would result in no net increase in water use or demand for that addressed under previous consultations (Biological Opinion ES- 6- RO -95 -F- 001 - GJ286; 12/01/1999) the FWS (FWS 2012) determined Section 7 consultation is not required for this aspect of the project. Selenium and mercury are two aquatic contaminants that are associated with the burning and mining of coal and have been implicated in reproductive failures and impaired growth in the endangered Colorado River fishes. It has been suggested that these contaminants contribute to the suite of factors that are impeding recovery of these fish throughout the Colorado River system, specifically including the White River (Hamilton et al. 2005, USFWS 2011). Selenium occurs naturally in the White River and is believed to be derived primarily from ground and surface waters draining Mancos Shale formations. Highest selenium concentrations, exceeding State - designated impairment levels, are found in tributaries near Meeker (i.e., lower Flag Creek, Sulphur Creek). Selenium levels below Meeker and downstream to the Utah border (8 monitoring stations) have remained relatively constant at or below 1 µg /L since 2003 and are in a declining trend. Hamilton et al. (2005) considered aquatic systems within the Colorado River basin with selenium levels below 1 µg /L uncontaminated. Mining of these associated coal leases began in 1985 and small amounts of mine water were discharged to sedimentation ponds in the ephemeral Scullion Wash drainage. Discharge was discontinued in 1996. Recent (2010/2011 Deserado mine hydrology report) water quality measurements of spring run -off events in channels subtending these ponds carried selenium levels of 1 and 4 µg /L and are likely background soil - derived values. Similarly, most recent selenium levels measured at an alluvial monitoring well along the White River at the mouth of DOI- BLM -CO- 110- 2012- 0023 -EA 47