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UU152:4 e e Attachment 1 EXCERPTS: San Juan River Basin Recovery Implementation Program Adopted 1992 1.1 PURPOSE The purpose ofthe San Juan River Basin Recovery Implementation Program (Implementation Program) is to protect and recover endangered fishes in the San Juan River basin while water development proceeds in compliance with all applicable federal and state laws. Endangered species include the Colorado squawfish) and razorback sucker. It is anticipated that actions taken under this Implementation Program also will provide benefits to other native fishes in the Basin and prevent them from becoming endangered in the future. The specific goals ofthis Implementation Program are listed below. l. To conserve populations of Colorado pikeminnow and razorback sucker in the Basin consistent with the recovery goals established under the Endangered Species Act (ESA), l6 U.S.C. l531 et seq. 2. To proceed with water development in the Basin in compliance with federal and state laws, interstate compacts, Supreme Court decrees, and federal trust responsibilities to the Southern Utes, Ute Mountain Utes, Jicarillas, and the Navajos. This Implementation Program identifies actions and objectives needed to attain these goals and to implement recovery within 15 years. Specifically, these are identification ofthe elements considered necessary to achieve recovery and the means of implementing those elements. This Implementation Program has used as its foundation the Memorandum of Understanding ("MOU") which is incorporated by reference and is attached as Appendix A. It is the intent of this Implementation Program to protect the needs ofthe endangered species ofthe San Juan Basin as part of a stable and diverse ecosystem, to provide the mechanisms for proceeding with water development, and to consider the impacts of all resource development on the endangered species in compliance with all applicable laws and regulations, including the ESA. 1.7 WATER RIGHTS Nothing in this Implementation Program shall be construed to affect the right to use water under any federal or state law or permit, federal contract, treaty, interstate compact or the right of any party in any adjudication proceeding to determine rights to use water or to contract for water. The Indian tribes do not recognize that their water rights are limited by any agreement that the States have made to apportion water in the Colorado River Basin, including the Upper Colorado River Basin Compact (63 Stat. 3 l). Therefore, the participation in the MOU or this