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<br />OOlGDl <br /> <br />benefits of ESA cornpliance. The Recovery Program is intended to allow water development to <br />proceed, while complying with the Endangered Species Act. This applies to both existing <br />projects and future projects subject to ESA compliance. <br /> <br />The Upper Colorado River Basin Compact establishes the right to use water between the State of <br />Colorado and the State of New Mexico and the other upper basin states. The right to water <br />within either state is established pursuant to state water law. The ability to develop Long Hollow <br />Reservoir is clearly within Colorado's compact apportionment and entitled to the same benefits <br />under the San Juan Recovery Implementation Program as any New Mexico water user. If such <br />were not the case, Colorado certainly would not financially support and participate in the <br />administration of the Program. <br /> <br />Section 7 Ae:reement <br /> <br />On June 19, 2002, the Coordination Committee (governing committee) of the San Juan River <br />Basin Recovery Implementation Program adopted the "Principles for Conducting Endangered <br />Species Act Section 7 Consultations on water development and management activities affecting <br />endangered fish species in the San Juan River Basin." (Attachment 2) The purpose of this <br />document was to clarify the understandings of the parties to the Program regarding how U.S. <br />Fish and Wildlife Service would evaluate and apply, within its discretionary authorities, actions <br />carried out by the Program to determine compliance ''with the Endangered Species Act . . . for <br />water development and management activities in the basin." <br /> <br />The Program participants unanimously adopted this document. Those participants included <br />federal agencies (Bureau of Land Management, Bureau of Reclamation, U.S. Fish and Wildlife <br />Service, Bureau of Indian Affairs), states of New Mexico and Colorado, Jicarilla Apache Nation, <br />Navajo Nation, Southern Ute Indian Tribe, Ute Mountain Ute Indian Tribe, and water <br />development interests. Section 5 of the document deals with Section 7 consultations and states <br />that <br /> <br />"The Program is intended to identify and implement actions that assist in the <br />recovery of the species and provide compliance for sections 7 and 9 of the ESA <br /> <br />4 <br />