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2013-07-05_REVISION - C1981010
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2013-07-05_REVISION - C1981010
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Entry Properties
Last modified
8/24/2016 5:22:15 PM
Creation date
7/8/2013 2:38:50 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981010
IBM Index Class Name
Revision
Doc Date
7/5/2013
Doc Name
OSM Lttr, USFWS BO, & Signed Recovery Agreement
From
OSM
To
DRMS
Type & Sequence
RN6
Email Name
JLE
SB1
Media Type
D
Archive
No
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OW THEREFORE, Water User and the Service agree as follow, s 1: <br />1. The Service agrees that implementation of the Recovery Elements specified in the 2004 <br />Opinion will avoid the likelihood of jeopardy and adverse modification Linder section 7 of the <br />FSA. for depletion impacts carried by Water User's Water project. Any consultations under <br />section 7 regarding eater Project's depletions are to be gover f.-d by the provisions of the 2004 <br />Opinion. The Service agrees ghat, except as provided in the 2004 Opinion, no other measure or <br />action shall be required or imposed on Water Project to comply with section 7 or section 9 of the <br />ESA, with regard to Water project's depletion im pacts or other impacts covered by the 2004 <br />Opinion. eater User is entitled to rawly on this Agreement in making the conunitnlent described <br />in paragraph 2. <br />2. mater User agrees not to tape any action - ,vhich would probably prevent the implementation <br />of the Recovery Elerraents. To the extent implementing the Recovery .Elements requires active <br />cooperation by Water User, eater User agrees to take reasonable actions required to implement <br />those Recovery Elcments. Water User will not be required to tale any action that would violate <br />its decrees or the statutory authorization for Water Project, or any applicable limits on Water <br />User's legal. authority. Water User will not be precluded from undertaking goad taith <br />negotiations over terms and conditions applicable to implemenrtion of the iecovery Elements. <br />3. If the Service believes that eater User has violated paragraph 2 of this Recovery .Agreetnent. <br />the Service shall notify berth Water User and the Management Committee of the Recovery <br />Program, Water User acrd the Management Committee shall have a reasonable opportunity to <br />comment to the Service regarding the existence of a violation and to r•ecarnmend remedies, if <br />appropriate. The Service Nv =ill consider the comments of Water User and the comments anti <br />recommendations of the Matrat;ement Committee, but retains the authority to determine the <br />existence of a violation. If the Service reasonably determines that a violation has occurred and <br />will not be remedied by 'mater User despite an opportunity; to do so, the ,Service may request <br />reinitiation of coiilsulta:tion ors '"later Project without reinitiating other consultations as would <br />other -vise be required by the "Reir-ritia'tion Notice'` section of the 2004 Opinion. In that event, <br />the Water Project's depletions would be excluded fr€ rn the depletions covered by 2004 Opinion <br />and the protection provided by the Incidental Take Statement. <br />4. frothing in this Recovery Agreen-rent shall be deemed to affect the authorized purposes of <br />Wale,' Laser's W Iter Project or The Service` strttutcrrV authority. <br />. The signing of this Recover} Agreement does not constitute any admission by Water L.iser <br />re—arding the application of the ESA. to the depletions of Water User's grater Project. <br />rlrldividiral Recovery,'�t;reernertt may be changed to fit specific circumstances. <br />
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