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<br />I, <br />'I <br />I <br />I <br />I <br />I, <br />I <br />1 <br />,I <br />I <br />1 <br />I <br />I <br />II <br />I <br />I <br />II <br />I <br />I <br /> <br />26 <br /> <br />cooperation with the Bureau of Reclamation and <br />responsible state and tribal entities, will <br />subsequently monitor the efforts of all <br />Participants to ensure that the required habitat <br />flows are provided. <br /> <br />3. Water rights acquired under the auspices of this <br />Implementation Program will not be acquired <br />through condemnation. If these rights are held by <br />an entity other than the Service, the Service must <br />be assured that the protection of such water <br />rights will be enforced. <br /> <br />4. Habitat flows will be administered by the <br />respective State Engineers and tribal authorities <br />pursuant to state and tribal laws. <br /> <br />e. The success of this Implementation Program is <br />contingent upon the legal protection of water for <br />habitat flows pursuant to federal, state, and tribal <br />laws. The Signatories to the Cooperative Agreement <br />agree that, to the extent of their jurisdiction and <br />within the context of their respective legal <br />authorities and subject to existing developed rights, <br />their government will protect storage releases from <br />Navajo Reservoir and any other water acquired under <br />this Implementation Program for the benefit of listed <br />fish so that the flows remain undiminished, except for <br />carriage losses, to and through the habitat of <br />endangered fish species to Lake Powell. The <br />authorities by which this will be achieved by the <br />Navajo Nation and the States of Colorado, Utah, and New <br />Mexico is described in Appendices B through E. <br /> <br />f. There are no shortages anticipated to the water supply <br />for.the depletions identified in the baseline for the <br />Animas-La plata Project during the research period. <br /> <br />Upon completion of, or during the research period, the <br />water flow requirements of the endangered fish species <br />will be analyzed and the issue of shortages, if any, <br />will be addressed by the Coordination Committee under <br />this Implementation Program. If the issue of shortages <br />is not resolved under this Implementation Program, the <br />issue will be considered as new information which may <br />result in reinitiation of consultation and will be <br />resolved through the section 7 process. <br /> <br />3.4 <br /> <br />WATER QUALITY PROTECTION AND ENHANCEMENT <br /> <br />3.4.1 <br /> <br />Statement of Problem <br />