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~ ~ It,', ;':'< ;~ 35 ~ Under present conditions, computer simulations predict that 300,000 acre-feet would be available 96 percent of the time, thus providing maximum flexibility to re-create a natural hydrograph (shape, timing, volume, and frequency). However, under full depletions (adding in all future proposed projects up to each State's full compact allotment), the 300,000 acre-feet of water from the Navajo Reservoir would be available only 33 percent of the time, which indicates that the ability to provide all four elements of a natural hydrograph (shape, timing, volume, and frequency) would be severely restricted. The research, therefore, will be directed towards determining how the Navajo Reservoir releases can best be used in terms of mimicking the natural hydrograph. This information will be utilized by the Service in coordination with Reclamation to determine reservoir releases needed for the endangered fishes. The Service will solicit input from all interested parties. The fifth element is legal protection of reservoir releases from the Navajo Oam to and through the endangered fish species habitat. It is not enough to only release water from the Navajo Dam. There also must be guaranteed delivery of the water so that it provides the habitat improvement necessary to maintain and increase the endangered fish population in the San Juan River. Without such legal protection, there would be no guarantee that the water would get to or through the endangered species habitat in the San Juan River. Reclamation, however, cannot itself protect the flows because legal protection of water is under the jurisdiction of the States of New Mexico, Colorado, and Utah and the Navajo Nation. To ensure legal protection of releases for listed fish, a Memorandum of Understanding and Supplemental Agreement have been developed and executed (Appendix A). The Memorandum of Understanding commits all the signatories to the development of a Recovery Implementation Program for the San Juan River within 1 year. The Memorandum of Understanding does not purport to affect any potential water right claims by the concerned Indian Tribes. In the event that a future court determination on such rights which adversely impacts the implementation of the reasonable and prudent alternative, consultation must be reinitiated immediately. The provisions of the Memorandum of Understanding will be incorporated into the reasonable and prudent alternative. The Recovery Implementation Program should provide for the long-term recovery of the endangered fish by (1) protecting and enhancing the native fish community, specifically the endangered fish; (2) outlining a process for future Section 7 consultations in the San Juan River Basin; (3) conducting long-term research and monitoring of the native fish community; and (4) protecting reservoir releases and instream flows and sharing of water shortages resulting from releases for the endangered fish. Once the flows needed for the endangered fish have been determined, based upon the research effort, projections can be made as to shortages. A separate agreement will need to be developed at that time on how and which entities will share shortages. If agreement cannot be reached through the Recovery Implementation Program process, consultation will be initiated or reinitiated, based on new information, on all projects subject to Section 7 consultation in the San Juan River Basin. It is the intent of the Department that all such projects share shortages. ;, :i t{ ':1 ','- ',' '\: '" ~~ ". ,,', ~~ t "_' ~ ~ '",~ ~ ~~ ":~' :~ .'" ,