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NOM,-'THEREFORE, Water User and the Service aturee as followsl: <br />I. The Service agrees that implementation of the Recovery Elements specified in the 2004 <br />Opinion ENill avoid the likelihood of jeopardy and adverse modification under section 7 of the <br />ESA, for depletion impacts caused by Water I''ser's Water Project. Any consultations under <br />section 7 regarding Water Project's depictions arc to be governed by the provisions of the 2004 <br />Opinion. The Service agrees that. 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 AVater Project's depletion impacts or other impacts covered by the 2004 <br />Opinion. Water User is entitled to rely on this Agreement in making the commitment described <br />in paragraph 2. <br />2. Water User agrees not to take any action which would probably prevent the implementation <br />of the Recovery Elements. To the extent implementing the Recovery Elements requires active <br />cooperation by Water User. X 'ater User agrees to take reasonable actions required to implement <br />those Recovery Elements. Water User will not be required to take any action that would violate <br />its decrees or the statutor} authorization for Water Project. or any applicable limits on Water <br />User's leual authority. Water User will not be precluded from undertaking good faith <br />negotiations over terms and conditions applicable to implementation of the Recovery Elements. <br />3. If the Service believes that %ater User has violated paragraph 2 of this Recovery- Agreement, <br />the Service shall notify both Water User and the IManagement Committee of the Recovery <br />Program. Water User and the Management Committee shall have a reasonable opportunity to <br />comment to the Service regarding the existence of a violation and to recommend remedies. if' <br />appropriate. The Service will consider the comments of Water User and the comments and <br />recommendations of the Management 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 Water User despite an opportunity to do so. the Service may request <br />reinitiation of consultation on Water Project without reinitiating other consultations as would <br />otherwise be required by the "Reinitiation Notice" section of the 2004 Opinion. In that event, <br />the water Project's depletions would be excluded from the depletions covered by 2004 Opinion <br />and the protection provided by the Incidental Take Statement. <br />4, NothinQ in this Recoi cry- Agncennznt shall be deemed to affect the authorized purposes of <br />Water User's Water Project or The Service' statutory ai11110rity. <br />�. The signing o €`this Recovery Agreement does not Constitute ani admission by Water t ser <br />retarding the application of the ESA to the depletions of Water [User's Water Project. <br />'Individual Recovery A reenneint ma-, be changed to lit specific circumstances. <br />