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Also, the analysis for this BO assumed impacts to peak flows based on anticipated future <br />uses of water, if water is used in a substantially different timing regime that adversely <br />affects endangered fishes in a way not considered in this opinion, then reinitiation of <br />consultation is required. The Recovery Program will monitor all new water projects that <br />deplete more than 100 acre - feet/year to determine their impacts to peak flows on the <br />Yampa River. In addition, the Recovery Program will monitor projects individually <br />depleting 100 acre - feet/year or less in cumulative increments of 3,000 acre - feet/year to <br />d e�ermine their impacts to peak flows. <br />4. The Service lists new species or designates new or additional critical habitat, where the <br />level or pattern of depletions covered under this opinion may have an adverse impact on <br />the newly listed species or habitat. If the species or habitat may be adversely affected by <br />depletions, the Service will reinitiate consultation on the PBO as required by its section 7 <br />regulations. The Service will first determine whether the Recovery Program can avoid <br />such impact or can be amended to avoid the likelihood of jeopardy and /or adverse <br />modification of critical habitat for such depletion impacts. If the Recovery Program can <br />avoid the likelihood of jeopardy and/or adverse modification of critical habitat no <br />additional recovery actions for individual projects would be required, if the avoidance <br />actions are included in the Recovery Action Plan. If the Recovery Program is not likely <br />to avoid the likelihood of jeopardy and/or adverse modification of critical habitat then the <br />Service will reinitiate consultation and develop reasonable and prudent alternatives. <br />If the annual assessment indicates that either the recovery actions specified in this opinion have <br />not been completed or that the status of all four fish species has not sufficiently improved, the <br />Service intends to reinitiate consultation on the Yampa Plan to specify additional measures to be <br />taken by the Recovery Program to avoid the likelihood of jeopardy and/or adverse modification <br />of critical habitat for depletions. If other measures are determined by the Service or the <br />Recovery Program to be needed for recovery prior to the review, they can be added to the <br />Recovery Action Plan according to standard procedures, outlined in that plan. If the Recovery <br />Program is unable to complete those actions which the Service has determined to be required, <br />consultation on projects with a Federal nexus may be reinitiated in accordance with ESA <br />regulations and this opinion's reinitiation requirements. The Service may also reinitiate <br />consultation on the Recovery Program if fish populations do not improve according to the <br />population response criteria to be developed within one year of the issuance of this BO. Failure <br />to maintain a positive response, whenever achieved, will be considered a negative response and <br />subject to reinitiation. <br />If the Service reinitiates consultation, it will first provide information on the status of the species <br />and recommendations for improving population numbers to the Recovery Program. Only if the <br />Recovery Program does not implement recovery actions to improve the status of the species, will <br />the Service reinitiate consultation with individual projects. The Service intends to reinitiate <br />consultations simultaneously on all depletions. <br />All individual consultations conducted under this programmatic opinion will contain language <br />requesting the applicable Federal agency to retain sufficient authority to reinitiate consultation <br />should reinitiation become necessary. The recovery agreements to be signed by non - Federal <br />F11 <br />