Appendix C

Interim Biological Renewal

Biological Opinion Status Report
Interim Contracts 2002-2004 FWS Supplemental Information

Updated Interim Status Report – November 2001

Proposed Action/Conservation Measures Responsibility Due Date/

Time Period

Status/Remarks

1. Reclamation will develop and implement programs with the 

65 water districts (Districts) to ensure that land use changes 

associated with project water will be addressed pursuant to 

ESA.

FWS/USBR

a. Notify Districts regarding ESA requirements of the Interim 

Opinion

FWS/USBR Done 1a completed. Notice sent week of July 3, 2000

b. Synthesize existing and new information on distribution and 

potential habitat of federally listed, proposed, and candidate 

species within the Districts.

FWS/USBR Ongoing 1bcd: Ongoing. Cooperative GIS teams from both agencies working on Central Valley Habitat 

Monitoring Workplan. 1993 habitat data is available and 2000 data is being synthesized. 

c. Map (hard copy and digitized) habitat and potential 

distribution of listed, proposed, and candidate species, and 

provide information to the Districts, the Service and the 

California Department of Fish and Game.

FWS/USBR Ongoing c. Ongoing. Both agencies are working together to synthesize the data and finalize habitat maps .

d. Monitor land use changes and ongoing activities in the 

Districts to ensure that project water is not used in a manner

that adversely affects listed, proposed, and candidate species.

FWS/USBR Ongoing d. Ongoing

2. Reclamation will ensure that its operation and maintenance 

activities as well as activities of other associated with the use of 

CVP water within the Districts will not adversely affect listed, 

proposed and candidate species.

FWS/USBR

a. Work with the California Department of Pesticide 

Regulation to develop guidelines and information addressing 

the effects of the application of pesticides to listed, proposed, 

and candidate species.

FWS/USBR Done 2a. Completed. Memo to Service documenting the pesticide information related to candidate species 

that Reclamation contributed to CDPR.

b. Develop and distribute to the Districts and landowners 

guidance on construction and maintenance activities that are 

most beneficial to listed, proposed, and candidate species.

FWS/USBR February 28, 

2001

2b. Ongoing. Rough Draft of CCAO Field Operations Manual was submitted to the FWS for review, 

will incorporate comments received from FWS on the manual. Draft O&M manual was completed by 

the SCCAO and distributed to contractors. NCAO is just starting to draft their manual patterned after 

the SCCAO and CCAO manuals. 

c. Review water conservation plans for the Districts prior to 

implementation to ensure they do not adversely affect listed, 

proposed or candidate species.

USBR Within 3 months 

of contract 

renewal

2c. Ongoing. Printed copies of the urban districts annual reports are available at each Area Office. 

d. Amend the criteria for water conservation plans to ensure 

consistency with the ESA.

1) Status Report Update 

2) Revise Criteria

USBR 2002 2d. Pending. The criteria for water conservation plans is amended every 3 years, consistent with the 

CVPIA. The criteria was amended in 1999, so will not be amended again until 2002. Reclamation will 

informally consult with the Service by forming an interagency team that will ensure that the 2002 

criteria is in compliance with the ESA. Reclamation will send a memo to the Service and NMFS 

requesting their participation on the team.
Interim Contracts 2002-2004 FWS Supplemental Information

Proposed Action/Conservation Measures Responsibility Due Date/

Time Period

Status/Remarks

3. Reclamation, working with the Service, will implement 

critically needed action to assure the continued existence of 

listed and proposed species and their habitats that have been 

affected by the CVP.

FWS/USBR ongoing 3. Ongoing. CVP conservation program (CP) and b(1) other projects.

 a. Identify lands that are critical to the continued survival of 

listed species and proposed species.

USBR continue 

updating

3a. Ongoing. Last update of high priority species provided to CP from FWS on 1/27/00. Historic trend 

analysis completed and mapping program discussed in 1bcd above to help identify and prioritize land 

for conservation easements or acquisition.

 b. Implement critical needs plan. FWS/USBR Implementing 3b. Ongoing

4. Develop a long-term program to address overall effect of the 

CVP and implementation of the CVPIA.

FWS/USBR Pursue adequate 

funding and 

partners

4. Ongoing. CVP consultations, CVP conservation program and b(1) “other” projects/programs.

Reasonable and Prudent Measures Responsibility Due Date/Time 

Period

Status/Remarks

I. Develop and implement programs with the Districts in 

Appendix A of this opinion to ensure that land use activities 

associated with project water will be addressed pursuant to the 

ESA.

 A. Work with CDPR to develop guidelines that provide an 

update on work that has been completed on this measure. In 

addition, provide information to CDPR generated from mapping 

efforts described in Conservation Measure 1(c).

FWS/USBR Done A. Completed. Memo to Service describing Reclamation’s contribution of ESA information to the 

CDPR.

II. Identify land and water use techniques or measures within 

CVP service areas which are critically impacting listed and 

proposed species or their habitats.

 A. Prepare a study plan to identify the sources of selenium 

contamination in the Grasslands, San Joaquin River, and south 

Delta estuary.

USBR Continuing A. Ongoing. This requirement is already handled through the existing Grassland Bypass Project (GBP) 

monitoring program. A USGS sources of selenium study for the GBP, funded by Reclamation, began 

in FY2000 and is not expected to be completed until the end of 2002, at the earliest. The Study had 3 

phases: Joe McGahan has completed phase I and the raw data generated has been sent to USGS for 

analysis. The BA&BO Proposed Action for the continuation of the GBP through 2009 has 

commitments for supporting studies down-river of the project.

 B. Develop and implement an approved monitoring program to 

assess the effects of selenium loading within the San Joaquin

River on aquatic listed species or their surrogates using the 

lower San Joaquin River and southern Sacramento-San Joaquin 

Delta.

USBR Continuing B. Initiated and ongoing. Service biologists tested 14 split tail for Se, B and other contaminants. A 

report will be generated after the lab results are in. The BA/BO Proposed Action for the continuation 

of the GBP through 2009 has commitments for supporting Se studies and monitoring to assess the 

effects of selenium loading within the San Joaquin River on aquatic listed species or their surrogates.

 C. Provide quarterly reports on locations of monitoring and

 monitoring results. If concentration exceeds 2 ug/1 monthly 

mean standard for wetland water supplies in the Grasslands, and 

is a result either directly or indirectly from Reclamation actions, 

will identify and implement corrective actions and initiate 

separate formal consultation.

USBR Continuing C. See IIA - the reporting measure is handled with the existing GBP monitoring program and existing 

quarterly reports. Corrective actions were made in previous years and continue to be monitored through 

the GBP monitoring program, which includes Service biologists, who receive the monthly averages at 

the same time as Reclamation. All inlets from the Grasslands Project Area to the wetland channels have 

been plugged since April 21, 1998 and monthly selenium averages have only exceeded 2 ppb 

occasionally since then and the exceedences have been less than 1 ppb. Those exceedences are not 

directly or indirectly tied to Reclamation actions because Reclamation has aggressively prevented 

selenium drainage from entering the wetlands. 
Interim Contracts 2002-2004 FWS Supplemental Information

Reasonable and Prudent Measures Responsibility Due Date/

Time Period

Status/Remarks

III. Identify, analyze and compensate for past effects since 

1991 for Friant and 1995 for Interim contractors. (Note: Friant 

is no longer an interim contractor)

 A. Identify and analyze the impacts of changes to contract 

service area boundaries since 1991 for any Friant contracts that 

have not undergone section 7 consultation. Fully compensate 

for any impacts associated with past water assignments ofr 

Interim or Friant Div. water allocations. 

USBR Prior to initiation 

of consultation 

(cons.) for ltcr 

A. Information and analysis ongoing. Information will be provided in BA’s for Long-Term contract 

renewal (LTCR). All Friant contract service area boundary changes have been consulted on.

 B. Identify and analyze the impacts of changes to contract 

service area boundaries since 1995 for interim contractors and 

provide this information and associated GIS data layers. Fully 

compensate for any impacts associated with past changes to 

contract service area boundaries for interim contracts.

USBR Prior to ltcr or 

next interim 

period

B. Information and analysis ongoing. Draft maps for interim contract service areas were provide to 

FWS in May showing boundaries changes since ‘95 and acreage changes by district. Information will 

be provided in BA’s for Long-Term contract renewal

C. Identify and analyze the impacts of changes in purpose of 

use since 1991 for Friant contractors and 1995 for Interim 

contractors and provide this information and analysis. Provide 

an analysis on how changes in purpose of use will affect 

shortages to districts, and how these changes in allocations will 

affect CVP-wide water supplies under drought conditions

USBR Prior to ltcr or an 

additional 

interim period.

C. No Change. The 1995 Interim contract renewal consultation included change of purpose of use from 

ag to M&I. In general the ag shortage provisions remain even if purpose of use converted to M&I, so 

these changes in allocations will not affect CVP-wide supplies under drought conditions.

 D. Identify and analyze the impacts of all water assignments 

executed since 1991 for Friant contractors and 1995 for interim 

contractors and provide this information. Fully compensate for 

any impacts associated with past water assignments of Interim 

or Friant Division water allocations.

USBR Prior to ltcr or an 

additional 

interim period.

D. Information and analysis ongoing. There has only been one assignment since 1995 (Mercy 

Springs) resulting in changes in water use. All other assignments were simple name change actions, 

usually as a result of deaths in a family.

IV. Consult on future actions including changes in purpose of 

use of contracts, transfers involving interim for Friant Div. 

contractors, assignments, and inclusions, annexations and 

exclusions to contract service area boundaries.

USBR Due Date Not 

Applicable

IV. Will occur when applicable

 A. Consult on future changes in water contracts from 

agriculture only to agriculture/M&I purposes.

USBR A. Will occur when applicable

 B. Provide an analysis of how future changes in purpose of 

use will affect shortages to districts and how these change in 

allocations will affect CVP-wide water supplies under drought 

conditions.

USBR B. No Change. June 9, 1997 joint letter on CVPIA administrative proposal on urban water supply 

reliability stated that ag shortage provisions remain even if converted to M&I. M&I water in the 

districts up for renewal that are granted M&I priority has not changed since the OCAP consultation 

(1992).

 C. No execution of future changes in purpose of use unless it 

can be shown that such changes will not reduce under drought 

condition water supplies for proposed or listed species.

USBR C. See B above.

 D. Informal consultation for assignments of interim and Friant 

Divisions that may affect listed species. Consult formally for 

those contracts or actions with direct or indirect effects that are 

likely to adversely affect listed species, or result in take. 

Consult informally if an action will not affect listed species 

prior to signing of the FONSI or ROD

USBR D. Will occur when applicable
Interim Contracts 2002-2004 FWS Supplemental Information

Reasonable and Prudent Measures Responsibility Due Date/

Time Period

Status/Remarks

 E. Informal consultation for inclusions or annexations 

involving the interim and Friant contractors in this opinion that 

may affect listed species. Formally consult for those inclusions 

with direct or indirect effects that are likely to adversely affect 

listed species, or result in take. Informal consultation will 

determine if the inclusions or annexations will not affect listed 

species prior to signing of the FONSI or ROD.

USBR E. Will occur when applicable

 F. Apply specific criteria to all transfers involving interim or 

Friant Divisions contracts that have not already under gone 

section 7 consultation.

USBR F. Will occur when applicable. Note: the correct language for this provision is on page 2-10, not this 

language.

V. Develop and implement a program to compensate for losses 

of listed species habitat that occur as a result of delivery of CVP 

water to the Interim & Fraint Div. Contract service area.

USBR V. Pending. Mitigation plan for impacts directly related to discretionary Reclamation actions.

 A. Establish a contingency plan that would develop and 

implement a process to identify impacts and then address those 

impacts to listed species or their habitats within the interim and 

Friant Division’s contract service area that occur as a result 

delivering CVP water to contractors.

USBR/CONTR A. Pending. SCCAO has developed a draft compensation plan for the Friant contractors in which 

incentives are used to reduce the amount of land converted and compensation will take the form of fee 

title acquisition, conservation easements, land retirement, and enhancement of existing preserved lands. 

The Friant plan will be the prototype for other district plans, though each will be unique for that district. 

 B. Ensure implementation of the contingency plan to address 

impacts to species or their habitats within the interim and Friant 

Division’s contract service area that occur without a FWS 

incidental take authorization.

USBR/CONTR B. Once the contingency plans are finalized, steps will be made to ensure they are implemented at each 

of the Area Offices and that all contractors are made aware of their responsibilities under the plans.

 C. The contingency plan for impacts to listed species or their 

habitat will be reviewed in a section 7 consultation with the 

FWS and will incorporate compensation for temporal and other 

habitat losses. Losses of listed species habitat within the interim 

and Friant contract service areas will be compensated at ratios 

consistent with the recovery needs for those listed species.

USBR/FWS C. The contingency plans will be coordinated with the FWS and the appropriate (formal or informal) 

section 7 consultation will occur after finalization.