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~---- . . . For years, the Tribes pursued an equitable settlement of their water rights claims in these river drainages. In the early 1980's, discussions were initiated to achieve a negotiated settlement of the claims. After continued negotiations, the Tribes and other parties signed the final Settlement Agreement on December 10, 1986. Specific legislation, the Settlement Act to implement the Settlement Agreement, was enacted by the U. S. Congress on November 3,1988. The Settlement Agreement calls for availability of Project water by January I, 2000, to avoid potential litigation or renegotiation of the Tribal water rights claims. As previously stated, in the 1996 Energy and Water Appropriations Act, the U.S. Congress directed the Secretary of the Interior to proceed "without delay" with the construction of the Project in conformance with the 1991 Biological Opinion. On August 15,1985, the U.S. Congress in Public Law 99-88 appropriated $1 million for design and construction of the Project. The use of those funds was contingent upon the completion by June 30, 1986, ofa binding, Federal/non-Federal cost-sharing agreement satisfactory to the Secretary of the Interior. Consequently, in late 1985, the Project proponents and the States of Colorado and New Mexico entered into negotiations for a cost sharing agreement. The Federal and non-Federal entities signed the Cost Sharing Agreement on June 30, 1986, and the Settlement Agreement on December 10, 1986. A principal element of the Cost Sharing Agreement and the Indian water rights settlement was dividing construction of the Project into two phases, Phases I and II, and associated cost-sharing obligations. The cost of constructing Phase I would be shared by Federal and non-Federal Project participants. As mentioned above, Phase I has since been divided into Stage A and Stage B to accommodate the existing depletion limit of 57, I 00 acre-feet arising from endangered species concerns, while allowing for the possibility of additional water availability pending the outcome of the 7 -year research study for endangered fish. Phase I, Stage A has been designed to have independent utility even if Phase B is never completed. Construction of Phase II would be the responsibility of non-Federal Project participants. The Cost Sharing Agreement also establishes a Tribal Development Fund and other Project financial arrangements. It specifies that the Tribes, under provisions of Federal law, can lease or temporarily dispose of water to the extent permitted by State and Federal laws, interstate compacts, and international treaties. In 1988, the U.S. Congress enacted the Settlement Act to settle outstanding water rights claims of the Tribes. The Settlement Act was the culminating event of years of effort and negotiation by the Tribes and non-Indian water users to settle outstanding water rights claims by the Tribes in the Animas and La Plata Rivers drainages, as well as in other rivers and streams arising on or flowing through the Tribal reservations. The Settlement Act mandates delivery of Project water to the Tribes by January 1, 2000, to avoid future litigation or renegotiation of Tribal water rights claims. Final settlement of the Tribes' reserved water rights claims on the Animas and La Plata Rivers is subject to the following conditions in the Settlement Act: 20