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Final Programmatic Biological Opinion for Bureau of Reclamation's

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3determining the degree <strong>of</strong> agency discretion in the operations <strong>of</strong> Federal water projects in othersubbasins that are subject to review <strong>for</strong> compliance with the Act or <strong>for</strong> the combination <strong>of</strong>recovery actions needed to achieve such compliance.The Service received three requests <strong>for</strong> initiation <strong>of</strong> section 7 consultation on the subject actionfrom the following <strong>of</strong>fices: 1) <strong>Bureau</strong> <strong>of</strong> Reclamation, Eastern Colorado Area Office (September24, 1999), 2) <strong>Bureau</strong> <strong>of</strong> Reclamation, Western Colorado Area Office (September 27, 1999), and3) Western Area Power Administration (October 15, 1999). The Service concludes that theimplementation <strong>of</strong> the recovery actions identified herein and all existing and some new depletions<strong>of</strong> water from the Upper Colorado River Basin above the confluence <strong>of</strong> the Gunnison River "mayaffect" the endangered Colorado squawfish 1 (Ptychocheilus lucius), humpback chub (Gila cypha),bonytail (Gila elegans), and razorback sucker (Xyrauchen texanus) and their critical habitat. TheService concludes that the subject action is not likely to adversely affect the bald eagle(Haliaeetus leucocephalus) or the southwestern willow flycatcher (Empidonax traillii extimus).In recent years, the number <strong>of</strong> wintering and nesting bald eagles have increased in the ColoradoRiver within the action area, with historic water depletions in place. It is not likely that any <strong>of</strong> theproposed actions will adversely affect bald eagles. The Service does not believe that historicwater depletions on the Colorado River have adversely affected the southwestern willowflycatcher because in many areas there is more habitat (riparian vegetation - willow, tamarisk,cottonwood) now than there was historically. Graf (1978) used photographic evidence, mapanalysis, and field surveys to show the spread <strong>of</strong> tamarisk throughout the Colorado River systemand described its effects <strong>of</strong> enlarging and stabilizing islands, bars, and restricting channel width.Many islands and shoreline habitats were not historically vegetated when spring flows were higherand prior to the establishment <strong>of</strong> tamarisk along the Colorado River.Consultation HistoryImplementation <strong>of</strong> the Endangered Species Act in the Colorado River Basin started with section 7consultation on Reclamation projects in the late 1970's. At this time, the Service determined thata jeopardy situation existed <strong>for</strong> the subject endangered fishes. Subsequently, the Act wasamended to direct Federal Agencies to work with State and local agencies to resolve waterresource issues in concert with conservation <strong>of</strong> endangered species.In 1984, the Department <strong>of</strong> the Interior, Colorado, Wyoming, Utah, water users, andenvironmental groups <strong>for</strong>med a coordinating committee to discuss a process to recover theendangered fishes while new and existing water development proceeds in the Upper ColoradoRiver Basin in compliance with Federal and State law and interstate compacts. After 4 years <strong>of</strong>negotiations, the Recovery Implementation Program <strong>for</strong> the Endangered Fish Species in theUpper Colorado River Basin was developed.1 The American Fisheries Society has changed the common name <strong>of</strong> this species to Coloradopikeminnow (Nelson et al. 1998), there<strong>for</strong>e, it will be referred to as the Colorado pikeminnow inthis document.

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