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<br />UUl~::J;j <br /> <br />B. The proposed project could have an adverse effect on endangered fishes in the <br />San Juan River in the critical habitat reach by decreasing river flows below the <br />flow recommendations. <br /> <br />C. By hindering the achievement of flow recommendations, the proposed project <br />would undermine past and ongoing efforts towards implementation of flow <br />recommendations for the benefit of affected endangered species and water users <br />in the San Juan River basin. <br /> <br />If their comments were true, then the federal agencies would have erred in entering into <br />settlements with the Navajo and Jicarilla previously and perhaps should revisit those <br />settlement agreements. Colorado's responses are as follows: <br /> <br />San Juan River Basin Recovery Implementation Proe:ram <br /> <br />The San Juan River Basin Recovery Implementation Program was established by a cooperative <br />agreement in 1992 that was signed by the Secretary of the Interior, the governors of Colorado <br />and New Mexico, Southern Ute Indian Tribe, Ute Mountain Ute Indian Tribe, Jicarilla Apache <br />Nation. The Navajo Nation did not even join the Program until 1996. <br /> <br />The specific goals of the Implementation Program as stated in Section 1.1 of the Program <br />Document are: <br /> <br />"1. To conserve populations of Colorado pikeminnow and razorback sucker in the <br />basin consistent with the recovery goals established under the Endangered Species <br />Act, 16 USC 1531 et seq. <br /> <br />2. To proceed with water development in the basin in compliance with federal and <br />state laws, interstate compacts, Supreme Court decrees, federal trust <br />responsibilities to the Southern Utes, Ute Mountain Utes, Jicarilla, and Navajos." <br />(See attachment 1, Sec. 1.1 Purpose) <br /> <br />2 <br />