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<br />M <br />O':l <br />... <br />-. J. <br />0 <br /> 4. <br /> <br />. <br /> <br />. <br /> <br />Operation of the Navajo Dam to provide a wide range <br />of flow conditions for the endangered fish to test <br />the impact of those flows on the fish, <br /> <br />A guarantee that the Navajo Reservoir will be <br />operated for the life of the project to mimic the <br />natural hydrograph based on the research and, <br /> <br />5. A Memorandum of Understanding (MOU) and a <br />Supplemental Agreement to initiate a recovery <br />program for the San Juan Basin. The MOU, dated <br />October, 1991, has the following key provisions: <br /> <br />a) Development of a Recovery Implementation <br />Program within one year. <br /> <br />b) Protection of reservoir storage releases from <br />Navajo Reservoir to and through endangered <br />fish habitat. <br /> <br />c) Future section 7 Consultations. <br /> <br />d) Sharing of shortages. <br /> <br />e) Procedures for resolving conflicts among the <br />parties. <br /> <br />f) Recovery Goals. <br /> <br />All parties except the Navajos have signed the MOU. <br />The Navajo Nation has agreed to sign. <br /> <br />The MOU calls for legal protection of reservoir <br />releases from Navajo Reservoir to and through the <br />habitat (Farmington, New Mexico to Lake Powell) of <br />the endangered fishes. Because the Navajo Nation <br />has not yet signed the MOU, the FWS is concerned <br />that the reservoir releases from the Navajo <br />Reservoir are not adequately protected and - the <br />water may be diverted by water users on the Navajo <br />Reservation. The supplemental agreement outlines <br />steps which will be taken by the federal agency to <br />prevent such a "illegal" diversion. In the event <br />these types of diversions cannot be stopped, the <br />local water users have agreed to provide the <br />necessary replacement water if no water is <br />available to Reclamation and the states must agree <br />to legally protect such replacement water to and <br />through the habitat of the endangered fish. The <br />supplemental agreement envisions a lease between <br /> <br />9 <br />