2013-06-13_REVISION - C1981010 (3)

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NOW THEREFORE, Water User and the Service agree as follows: 1. The Service agrees that implementation of the Recovery Elements specified in the 2004 Opinion will avoid the likelihood of jeopardy and adverse modification under section 7 of the ESA, for depletion impacts caused by Water User's Water Project. Any consultations under section 7 regarding Water Project's depletions are to be governed by the provisions of the 2004 Opinion. The Service agrees that, except as provided in the 2004 Opinion, no other measure or action shall be required or imposed on Water Project to comply with section 7 or section 9 of the ESA with regard to Water Project's depletion impacts or other impacts covered by the 2004 Opinion. Water User is entitled to rely on this Agreement in making the commitment described in paragraph 2. 2. Water User agrees not to take any action which would probably prevent the implementation of the Recovery Elements. To the extent implementing the Recovery Elements requires active cooperation by Water User. Water User agrees to take reasonable actions required to implement those Recovery Elements. Water User will not be required to take any action that would violate its decrees or the statutory authorization for Water Project, or any applicable limits on Water User's legal authority. Water User will not be precluded from undertaking good faith negotiations over terms and condition$ applicable to implementation of the Recovery Elements. 3. If the Service believes that Water User has violated paragraph 2 of this Recovery Agreement. the Service shall notify both Water User and the Management Committee of the Recovery Program. Water User and the Management Committee shall have a reasonable opportunity to comment to the Service regarding the existence of a violation and to recommend remedies, if appropriate. The Service will consider the comments of Water User and the comments and recommendations of the Management Committee, but retains the authority to determine the existence of a violation. If the Service reasonably determines that a violation has occurred and will not be remedied by Water User despite an opportunity to do so, the Service may request reinitiation of consultation on Water Project without reinitiating other consultations as would otherwise be required by the "Reinitiation Notice" section of the 2004 Opinion. In that event. the Water Project's depletions would be excluded from the depletions covered by 2004 Opinion and the protection provided by the Incidental Take Statement. 4. Nothing in this Recovery Agreement shall be deemed to affect the authorized purposes of Water User's Water Project or The Service' statutory authority. 5. The signing of this Recovery Agreement does not constitute any admission by Water User regarding the application of the ESA to the depletions of Water User's Water Project. Individual Recovery Agreement may be changed to fit specific circumstances.