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<br />001600 <br /> <br />Given that both the State of New Mexico and State of Colorado have additional depletions <br />allowed under the Colorado River Compact and the Upper Colorado River Basin Compact, the <br />Program is intended to allow those future depletions to occur in both states in compliance with <br />the Endangered Species Act. <br /> <br />With respect to water rights, Section 1.7 of the Recovery Program document states: <br /> <br />"Nothing in this Implementation Program shall be construed to affect the right to <br />use water under any federal or state law or permit, federal contract, treaty, <br />interstate compact, or the right of any party in any adjudication proceeding to <br />determine rights to use water or to contract for water." (See attachment 1, Sec.l.7 <br />Water Rights) <br /> <br />Furthermore in Section 1.7 of the Program document goes on to state: <br /> <br />"This Implementation Program is intended to provide the means for conserving <br />the endangered fish species in the basin while water development proceeds <br />consistent with applicable laws. The order in which water development <br />occurs may not necessarilv reflect the priority of the water rie:hts. Therefore, <br />the successful development of any water project in accordance with this <br />Implementation Program does not create a water right for project beneficiaries or <br />its contractors to the use of water greater or lesser than those to which the project <br />beneficiaries or contractors would otherwise be entitled, nor shall such <br />development of a project adversely affect the water rights of any other water users <br />or water rights holders in the Basin." (emphasis added) (See attachment 1, Sec. <br />1. 7 Water Rights) <br /> <br />The Recovery Program was not intended to establish rights to, or priorities for, the use of water, <br />or to interfere with any existing or future rights established under law. The Program is designed <br />to provide ESA compliance for existing and future water development and management <br />activities that are subject to compliance with the Endangered Species Act. The Recovery <br />Program provides compliance impartially with respect to the timing of water development, and <br />does not contest any priority established under law, or establish any priority for receiving the <br /> <br />3 <br />