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7 t D. Sharing of Shortages There are no shortages anticipated to the water supply for the depletions identified in the baseline for the ALP during the research period. Upon completion of, or during the research period, the water flow requirements of the listed fish will be analyzed and the issue of shortages, if any, will be resolved under the Program. If the issue of shortages is not resolved under the Program, the issue will be considered as new information which may result in reinitiation or initiation of consultation and will be resolved through the Section 7 process. I I ~ N ~ p ~ ~ ~ . ~ E. Conflicts Among the Parties If, prior to signing an agreement to initiate the Program, there are conflicts among any signatories to this MOU, the parties involved in the conflict agree to request a meeting of all the parties signatory to this MOU to resolve the conflict. F. Recovery Goals Specific species recovery goals for the listed fish in the Basin will be developed using information obtained as part of the Program. Attainment of these goals is intended to result in recovery of the listed fish within the Basin and initiation of the ru1emaking process for reclassification or delisting of such fish. i~ V. NON-WAIVER OF WATER RIGHTS , f' '" Nothing in this MOU or the Program to be developed under this MOU 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. ~ " D ~., :~ 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. 31). Therefore, the participation in the MOU or the Program by any Indian tribe shall not waive any tribe's claim to water in excess of any allocation to any particular State or be deemed to bind any tribe to the terms of any agreement to which it is not a party. The parties to this MOU disagree as to whether or not the Indian tribes have water rights which are limited by or subject to any agreement among the States to apportion the waters of the Colorado River Basin, including the Upper Colorado River Basin Compact. Nothing in this MOU shall be deemed to be a recognition or acceptance of any such claims by any party hereto or be deemed to establish or affect any such claims. '. o G", ~ L', ~ .a