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<br />1'7-------- ---- <br />0' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />existence of Colorado squawfish and that no reasonable and prudent alternatives (RP As) <br />were identified to offset jeopardy to the endangered fish. From June 1990 through <br />March 1991, Reclamation consulted with Federal, State, Tribal, and private experts and <br />agencies to develop an RP A that would offset jeopardy to the endangered fish and allow <br />construction of the Project to begin. <br /> <br />In summary, the Biological Opinion issued by the Service on October 25, 1991, <br />contained an RP A which would allow construction of several Project features (including <br />Durango Pumping Plant, Ridges Basin Inlet Conduit, Ridges Basin Dam and Reservoir, <br />and other features) and initial annual water depletions for the Project of 57, I 00 acre-feet. <br />At the same time, an approximately 7 -year research study of endangered fish in the San <br />Juan River (7-year research study) would be conducted, and Navajo Dam would be <br />operated to mimic the natural hydro graph of the San Juan River and provide flows <br />needed for the research period. Subsequently, consultation was reinitiated to address <br />such new information as designation of critical habitat for endangered fish and listing of <br />the southwestern willow flycatcher. That consultation concluded with a final Biological <br />Opinion and an RP A on the endangered fish from the Service dated February 1996, <br />allowing an initial average annual depletion of 57, 100 acre-feet. Other requirements of <br />this RPA are generally similar to those of the previous RPA. <br /> <br />INDIAN WATER RIGHTS SETTLEMENT, COST SHARING, AND PROJECT <br />PHASING <br /> <br />The Project plays a critical role in the resolution of the Colorado Ute Indian water rights <br />under the Winters Doctrine10 The Southern Ute Indian and the Ute Mountain Ute <br />Tribes, headquartered in Ignacio and Towaoc, Colorado, respectively, have reservation <br />lands within the Animas and La Plata Rivers drainages, as well as in drainage basins of <br />other streams tributary to the San Juan River. The Colorado Ute Indian reservations <br />were created in 1868 and, as such, the Tribes have a priority date for their water rights <br />that precedes the priority dates for most, ifnot all, of the non-Indian water rights. In the <br />absence of the Settlement Act, development of senior Tribal water rights claims could <br />adversely impact non-Indian water rights and users, including cities and municipalities, <br />throughout southwestern Colorado and northwest New Mexico. <br /> <br />The State of Colorado has estimated the potential effect of outstanding Indian claims on <br />non-Indian water rights and predicted that all non-Indian irrigation in the Mancos and <br />La Plata Rivers drainages could be eliminated if Colorado Ute Tribal water rights claims <br />were fully exercised. During dry years, the Tribes could exercise senior water rights to <br />virtually all available water on numerous rivers and streams in the San Juan River Basin. <br />It was estimated that more than 34,000 acres oflands irrigated by non-Indians could be <br />adversely impacted if a settlement of Tribal water rights claims were not achieved. <br /> <br />1 The Winters or reserved water rights doctrine was established in Winters v. United Slales, 207 U.S. 564 (1908), and <br />provides that the establishment of an Indian reservation impliedly reserves the amount of water necessary for the purposes of the <br />reservation. <br /> <br />19 <br />