December 2003 Draft Supplemental EA for the 2004 Renewal of Interim Water Service Contracts 

APPENDIX F 

SUMMARY STATUS REPORT ON THE CONSERVATION ACTIONS 

INCLUDED IN THE 2000 BIOLOGICAL OPINION 

 
Page 1 of 4 

Updated November 1, 2003 

Appendix F. Updated Status Report on the Conservation Actions and the RPMs included in the February 29, 2000 Biological Opinion on CVP Interim Renewal Contracts. 

Proposed Action/Conservation Measures Responsibility Due Date/ Time Period Status/Remarks 1. Reclamation will develop and implement programs with the 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 1b, c, d: Ongoing. Cooperative GIS teams from both agencies working on Central Valley Habitat 

Monitoring Program mapping efforts. Data for all CVP service areas is being made available to the Service. Data for the 2004 IRC service areas is presented in Attachment 6 of this memo. 

 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. Cooperative GIS teams from both agencies working on Central Valley Habitat Monitoring 

Program mapping efforts. Data for the 2004 IRC service areas is presented in Attachment 6 of this memo. Data for all CVP service areas will be made available to the CVP contractors and the California Department of Fish and Game.

 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 Cooperative GIS teams from both agencies working on Central Valley Habitat Monitoring 

Program mapping efforts. Landuse/landcover Trend Analysis is available. Data for the 2004 IRC service areas is presented in Attachment 6 of this memo. 

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 Done 2b. Completed. Draft Field Operations Manuals, O&M Manuals, and IPMs were completed for each 

Reclamation Area Office and reviewed by FWS. Final Field Operations Manuals, O&M Manuals, and IPMs were sent to the Service in 2003. 

 c. Review water conservation plans for the Districts prior to implementation to ensure they do not adversely affect listed, proposed or candidate species.

USBR Completed 2c. Completed. Completed for Reclamation Area Offices. 

 d. Amend the criteria for water conservation plans to ensure consistency with the ESA. 

1) Status Report Update 2) Revise Criteria

USBR Ongoing 2d. Ongoing. The criteria for water conservation plans are amended every 3 years, consistent with the 

CVPIA. The criteria were amended in 2002, so will not be amended again until 2005. Reclamation informally consults with the Service by forming an interagency team that to ensure that the criteria is in compliance with the ESA. Reclamation will sends memos to the Service and NMFS requesting their review of criteria and participation on interagency teams.
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Updated November 1, 2003 

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 Ongoing. 

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 

ongoing

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 Attachment 1 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 Ongoing A. Ongoing. This requirement is already handled through the existing Grassland Bypass Project (GBP) 

monitoring program. USGS conducted a sources of selenium study for the GBP was completed in 2003. The BA for the Delta Mendota Canal Long Term Contract Renewal, and the BA for the South Central California Area Office O&M Manual used the sources of selenium study. 

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 Ongoing B. Initiated and ongoing. The BA/BO Proposed Action for the Grassland Bypass Project 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 Ongoing 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. 
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Updated November 1, 2003 

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 not a 2004 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 of Interim or Friant Div. water allocations. 

USBR Prior to LTCR 

consultations.

A. Information and analysis ongoing, and will be presented in the BA’s for Long-Term contract renewals (LTCRs). Note: Friant is not a 2004 interim contractor. All Friant contract service area boundary changes have been consulted on separately. 

 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 

consultations 

B. Information and analysis ongoing. Maps for interim contract service areas are provided in Attachment 6 of this memo. Summary of changes to IRC contract service area boundaries since the 2002 consultation are presented in Attachment 2 of this memo. Additional boundary change information will be provided in BA’s for Long-Term contract renewal. Analysis of impacts associated with past changes to boundaries since 1995 will be discussed in the BAs for the LTCRs. Note: Friant is not a 2004 interim contractor

 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 

consultations

C. No Change. The 1995 Interim contract renewal consultation included change of purpose of use from Agriculture 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. The CVP M&I water shortage policy is currently under going NEPA and ESA review. Note: Friant is not a 2004 interim contractor

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 

consultations

D. Interim renewal contractors with an Assignment action are indicted in Attachment 2. There have been four assignments since the 2002 IRC consultation. Some assignments are simple name change actions, usually as a result of deaths in a family. - Assignment actions are separate discretionary actions, and not part of the proposed IRC actions included in this memo. Assignment actions are analyzed in separate NEPA and ESA documents for that action. - Note: Friant is not a 2004 interim contractor

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 Note: Friant is not a 2004 interim contractor

 A. Consult on future changes in water contracts from agriculture only to agriculture/M&I purposes.

USBR Due Date Not 

Applicable

A. Will occur when applicable

 B. Provide an analysis of how future changes in purpose of use will affect shortages to districts and how this change in allocations will affect CVP-wide water supplies under drought conditions.

USBR Due Date Not 

Applicable

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). See remarks under III.C above

 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 Due Date Not 

Applicable

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. Please see remarks to III D. above. 

Note: Friant is not a 2004 interim contractor
Page 4 of 4 

Updated November 1, 2003 

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. Please see Attachment 2 for inclusion and exclusion information for 

these interim renewal contractors. Inclusion and Exclusion actions are separate actions, and not part of the proposed IRC actions included in this memo. Inclusion and Exclusion action are analyzed in NEPA and ESA documents on that action. Note: Friant is not a 2004 interim contractor

 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. Transfer approvals are separate actions, and not part of the proposed 

IRC actions included in this memo. Transfer actions are analyzed in NEPA and ESA documents for that action. Note: Friant is not a 2004 interim contractor

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 & Friant Div. Contract service area.

USBR Pending V. Pending. Reclamation agrees to work with the Service to develop such a contingency guideline 

program. This program would incorporate the following criteria: 1. Use of monitoring and mapping actions to identify land-use changes that result in losses of listed 

species habitat. 

2. Notification to, and the education of districts about their need to comply with requirements of the 

Endangered Species Act. 

3. Reporting to the Service of any activities that may have resulted in unauthorized losses of listed 

species habitat. 

4. Development of habitat compensation plans for any land-use changes that result in loss of listed 

species resulting from Reclamation’s discretionary actions. 

5. Continued coordination between the Service and Reclamation to ensure existing conservation 

programs continue to address listed species that have been affected by use of CVP water. 

6. We commit to work with the Service to develop such a program that recognizes Reclamation’s 

authorities. Reclamation would provide a draft of such a contingency guideline program within 90 days of receipt of the biological opinion on these proposed interim contracts. 

Note: Friant is not a 2004 interim contractor

 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 Pending A. Pending. See response to V. 

Note: Friant is not a 2004 interim contractor 

 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 Pending B. Pending. Once the contingency criteria are finalized, steps will be made to ensure that contingency 

plans are developed, and that all contractors are made aware of the plans. Note: Friant is not a 2004 interim contractor

 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 Pending C. The contingency plans will be coordinated with the FWS and the appropriate Section 7 consultation 

will occur after finalization. Note: Friant is not a 2004 interim contractor