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--. , 3 B. State Responsibilities Colorado, New Mexico and Utah playa primary role in determining how the Basin's water resources are developed and administered. At the same time, the States historically have been responsible for management of fish and wildlife resources, including threatened or endangered species. C. Other Federal Responsibilities and Authorities Reclamation is responsible for operation of a number of Federal reservoirs in the Basin that are used to regulate water deliveries under interstate compacts and to provide a continuing supply of water for beneficial uses. In addition, there are numerous existing contractual obligations and commitments made to States and water users, including but not limited to those required by 82 STAT. 885, 70 Stat. 105, 76 Stat. 96 and the June 30, 1986, Animas-La Plata binding cost sharing agreement and the Settlement Agreement as authorized by the Settlement Act. The Department is responsible for administering the Endangered Species Act. In carrying out its obligations, the Department is responsible for the protection and recovery of endangered species and for establishing and implementing programs to conserve fish and wildlife. The Department also has responsibilities and authorities to enter into this MOU under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). The Fish and Wildlife Act of 1956 (16 U.S.C. 742 et seq.) provides additional authority for the Department to enter into this MOU. IV. TERMS AND CONDITIONS NOW, THEREFORE, the parties hereto agree to the following terms and conditions: A. Recovery Implementation Program The parties agree to work together to develop and sign an agreement to initiate the Program within one year, the purpose of which will be to conserve listed fish in the Basin while water development proceeds consistent with federal and state law and interstate compacts. Among other things, the Program is intended to provide a mechanism that will allow the United States to meet its obligations under the Settlement Agreement and Settlement Act. B. Protection of Reservoir Storage Releases The States and the Navajos agree, to the extent of their jurisdiction and within the context of their respective legal authorities, and subject to existing developed water rights, to protect storage releases from Navajo Reservoir for the benefit of listed fish or replacement water as described in the Supplemental Agreement attached hereto from diversions so that the releases remain undiminished, except for carriage losses, to and through the habitat of listed fish to Lake Powell. The States hereby agree to assert the authorities described in Attachments 1-3 to this MOU to protect such releases. The description of the Navajos' authorities will be attached as Attachment 4 when the Navajos execute this MOU. , , .' .-~ .:-, , '-':.;'