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<br />.' <br /> <br />a <br />c:> <br />,.-:' <br /> <br />26 <br /> <br />," <br /> <br />efforts of all participants to ensure that the <br />required habitat flows are provided. <br /> <br />t.v <br />....~ <br /> <br />3. <br /> <br />Participants in the Implementation Program will <br />not attempt to acquire water rights by <br />condemnation, nor acquire rights for this effort <br />from other than willing sellers. If these rights <br />are held by an entity other than the Fish and <br />wildlife Service, the Service will be assured that <br />the protection of such water rights will be <br />enforced. <br /> <br />4. Habitat flows will be administered by the <br />respective state Engineers and tribal authorities <br />pursuant to state and tribal laws. <br /> <br />e. The success of this Implementation Program is <br />contingent upon the legal protection of water for <br />habitat flows pursuant to federal, state, and tribal <br />laws. The parties signatory to the Cooperative <br />Agreement (Section 1.8) have agreed, to the extent of <br />their jurisdiction and within the context of their <br />respective legal authorities, subject to existing <br />developed rights, to protect storage releases from <br />Navajo Reservoir and any other water acquired under the <br />Implementation Program for the benefit of listed fish <br />so that the habitat flows remain undiminished, except <br />for carriage losses, to and through the habitat of <br />endangered fish species to Lake Powell. The <br />authorities by which this will be achieved by the <br />Navajo Nation and the States of Colorado, Utah, and New <br />Mexico is described in Appendices B through E. <br /> <br />f. There are no shortages anticipated to the water supply <br />for the depletions identified in the baseline for the <br />Animas-La Plata Project during the research period. <br /> <br />Upon completion of, or during the research period, the <br />water flow requirements of the endangered fish will be <br />analyzed and the issue of shortages, if any, will be <br />resolved under the Implementation Program. If the <br />issue of shortages is not resolved under the <br />Implementation Program, the issue will be considered as <br />new information which may result in reinitiation of <br />consultation and will be resolved through the section 7 <br />process. <br /> <br />3.4 WATER QUALITY PROTECTION AND ENHANCEMENT <br /> <br />3.4.1 Statement of Problem <br />