Framework for Agreement. The following describes the agreement among RIP participants on a framework for conducting Section 7 consultations on depletion impacts related to new projects (as defined in Section 4.1.5 a. of the RIP) and impacts1 associated with historic projects in the Upper Colorado River Basin. This agreement is meant to supplement and clarify the process outlined in Sections 4.1.5, 4.1.6 and 5.3.4 of the RIP. This agreement applies only to the four Colorado River endangered fishes in the Upper Colorado River Basin, excluding the San Xxxx River, and is not a precedent for other endangered species or locations.
1. Activities and accomplishments under the RIP are intended to provide the reasonable and prudent alternatives which avoid the likelihood of jeopardy to the continued existence of the endangered Colorado River fishes (hereinafter the "reasonable and prudent alternative") resulting from depletion impacts of new projects and all existing or past impacts related to historic projects with the exception of the discharge by historic projects of pollutants such as trace elements, heavy metals, and pesticides. However, where a programmatic biological opinion applies, the appropriate provisions of such an opinion will apply to future individual consultations. The RIP participants intend the RIP also to provide the reasonable and prudent alternatives which avoid the likely destruction or adverse modification of critical habitat, to the same extent as it does to avoid the likelihood of jeopardy. Once critical habitat for the endangered fishes is formally designated, the RIP participants will make any necessary amendments to the RIPRAP to fulfill such intent.
2. The RIP is intended to offset both the direct and depletion impacts of historic projects occurring prior to January 22, 1988 (the date when the Cooperative Agreement for the RIP was executed) if such offsets are needed to recover the fishes. Under certain circumstances, historic projects may be subject to consultation under Section 7 of the ESA. An increase in depletions from a historic project occurring after January 22, 1988, will be subject to the depletion charge. Except for the circumstances described in item 11 below, depletion charges or other measures will 1 All impacts except the discharge of pollutants such as trace elements, heavy metals, and pesticides. not be required from historic projects which undergo Section 7 consultation in the future.
3. The Bureau of Reclamation (BR) and the Western Area Powe...
