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RECOVERY A(iREII'IMENT <br />This RECOVERY AGREEMENT is entered into this 8 day of A 92/3 . by <br />and between the United States Fish and Wildlife Service (Service) and rapper Mining Inc <br />( Water User). <br />WHEREAS, in 1988, the Secretary of Interior. the Ooverijors of Wyoming, Colorado and Utah, <br />and the Administrator of the Western Area Pow=er Administration signed a Cooperative <br />Agreement to implen-ie:nt the Recovery Implementation Program for Endangered fish Species in <br />the Upper Colorado River Basin (Reco-very Program). and <br />WHEREAS. the Recove.-y Progra.n is intended to recover the endangered fish while providing <br />LI <br />for water develop.nent in the Upper Basin to proceed in compliance with state law. interstate <br />compacts and the Endanvered Species Act; and <br />iN HEREAS, the Colorado Water Congress has passed a resolution Supporting the Recovery <br />Program: and <br />WHEREAS, on .lanuary 10.2005. the Service issued a programmatic biological opinion. (2005 <br />Opinion) on the JI'la naggement Plan foi- End(tfi,aci- d Fish s in the rainj)ct River Basin concluding <br />that implementation of specified elements of the Recover- fiction Plan (Recovery Elements). <br />along with existing and a specified amount of ne -vv depletions, are not likely to jeopardize the <br />continued existence of the endangered fish or adversely modifY, their critical habitat in the <br />Yampa River subbasin and Green River subbasin do -,vi7strearn of the Yampa River confluence; <br />and <br />WHEREAS, Water User is the operator of'Trapper Mine requesting permit rent al (Water <br />Project), which causes or will cause depletions to the Yampa River subbasin. and <br />WHEREAS, Water User desires c;ertaintY that its depletions can occur consistent with section i <br />and section 9 of the .Endangered Species Act (ESA); and <br />WHEREAS. the Service desires a commitment Iion) ) atcr User to the Recovery I1'rogral -11 so <br />that the Program can sacl€zally be implemented to recover the endangered fish and to car.. y oul the <br />Recovery Elements. <br />