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<br />UU152~9 <br /> <br />e <br /> <br />e <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 />RESPONSE <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 joined the Program in 1996. <br /> <br />The objectives of the Program are: <br /> <br />"I. 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, l6 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 />Given that both the State of New Mexico and State of Colorado have additional depletions <br />allowed under the Colorado River compact, the Program is intended to allow those future <br />depletions to occur in both states in compliance with the Endangered Species Act. <br /> <br />With respect to water rights, 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, treated, <br /> <br />2 <br />