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<br />DRAFT -- August 11, 1999 <br />agencies are in turn required to protect and recover listed species under Section 7(a)(l) of the <br />ESA. Thus, the application of the reinitiation authority could be a double edged sword for <br />Indian tribes. <br /> <br />CONCLUSION <br /> <br />The Working Group feels strongly that steps can and should be taken to address the inequities <br /> <br /> <br />and anomalies that arise when the requirements of Section 7 of the ESA are applied in <br /> <br /> <br />Western watersheds where Indian tribes hold valuable water rights. These inequities com- <br /> <br /> <br />monly arise when those Indian rights, which are often the senior rights in the stream system, <br /> <br />have not yet been exercised. Following are several recommendations for the consideration of <br /> <br />the Secretary and affected agencies. With a few exceptions, these recommendations represent <br /> <br />the consensus view of the members of the Working Group. Some recommendations may be <br /> <br />difficult to implement, and may require rulemaking and the opportunity for public comment. <br /> <br />Others are uncomplicated, and are designed to improve agency processes for appropriate <br /> <br />consideration of Indian water rights in their decision-making. They should be implemented as <br /> <br />soon as possible. We have not recommended legislative options. Instead, we have worked <br /> <br />within the framework of the Endangered Species Act and Federal Indian law as we have <br /> <br />found them, and have crafted these recommendations in the spirit of the federal trust responsi- <br /> <br />bility for Indian natural resources and in view of national conservation goals. <br /> <br />36 <br />