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8 The Program is intended to provide the means for conserving the listed fish in the Basin while water development proceeds. The order in which water development occurs may not necessarily reflect the priority of the water rights. Therefore, the successful development of any water project in accordance with the Program does not create a water right for project beneficiaries or its contractors to the use of water greater or lesser than those to which the project beneficiaries or contractors would otherwise be entitled, nor shall such development of a project adversely affect the water rights of any other water users or water right holders in the Basin. VI. CHANGE OF CIRCUMSTANCES In the event that changes occur in biological information or other circumstances, modifications to this MOU or the Program can be recommended by any of the parties and shall become effective upon written concurrence by all parties. The parties recognize that the Service and Federal agencies must reinitiate consultation when the circumstances described in 50 CFR 402.16 occur. VII. NO DELEGATION OR ABROGATION All parties to this MOU recognize that they each have statutory responsibilities that cannot be delegated, and that this MOU does not and is not intended to abrogate any of their statutory responsibilities. VIII. CONSISTENCY WITH APPLICABLE LAW This HOU is subject to all applicable Federal and State law and interstate compacts and nothing herein shall be construed to alter, amend, or affect existing law. IX. SUBJECT TO APPROPRIATION Availability of funds necessary to carry out this MOU is subject to appropriations by Federal, State and tribal governments. X. EFFECTIVE OATE AND DURATION This HOU is effective upon the issuance of the biological opinion for the Animas-La Plata that contains the reasonable and prudent alternative described in the preface of this MOU. It is the intent of the parties that the provisions of this MOU will be incorporated into the Program. This MOU shall remain in effect until all parties agree to implement the Program.