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<br />.. <br /> <br />U~v-~I-~UUl rKl UO;UU rn NUKUMHU~ ~HNIH r~ <br /> <br />r"^ NU, OUOVO~!O~1 <br /> <br />l' ....wl........ <br /> <br />NORDR,wS HALTOM T~OR <br />T.ABADASH lit BLADH. LLP <br /> <br />ATTORNEYS ^T LAw <br /> <br />,Jjcarilla Apache Natioo's Comments 00 Navajo Reservoir Operations PDEIS <br />December 21, 2001 <br />Page 2 <br /> <br />The purpose of the proposed action is to modify the operations decision criteria of <br />Navajo Dam and Reservoirto provide sut1icientreleases of water at times, quantities, <br />and durations necessary to protect two Colorado River endangered fish (figure 1-2) <br />and their designated critical babitat while maintaininl! the authorized ournoses of the <br />Navaio Unit and makinl! water available fOT cunent and future water deve!ooment. <br />The fishes' populations and habitat have been advt:lSely affected or modified by the <br />construction and subsequent operation of Navajo Dam, and operating the dam under <br />its historic operating criteria could continue the adverse effects. <br /> <br />Td. at 1-2 (emphasis added). <br /> <br />The Proposed Action Statement and Purpose and Need Statement bave been discussed at <br />great length in many of the cooperating agency meetings, and were the focus of an Ad Hoc <br />Subcommittee. This attention to these two components of the EIS at the outset of the process was <br />appropriate in light of their crucial role in defining the parameters for the action alternatives analyzed <br />in the EIS. The alternatives analysis" is the heart of the environmental impact statement" (40 C.F.R. <br />91502.14). and the alternatives themselves arc directed to the purpose and need for agency action. <br />See id. 9 1502.13 ("The [purpose and need] statement shall briefly specify the underlying purpose <br />and need to which the agency is responding in proposing the alternatives including the proposed <br />action"); Davis v. Lal~char. 202 F.3d 359, 368 (D.C. Cir. 2000) ("the courts have recognized that <br />these requirements are interrelated because the goals of an action delimit the universe of the action's <br />reasonable alternatives"). <br /> <br />'The alternatives analysis must "rigorously explore" the alternatives and "devot!l substantial <br />treatment to each alternative considered in detail including !he proposed action so..tilat reviewers <br />may evaluate their comparative merits." 40 C.F.R. 99 1502.14(a) and (b). .. .~; <br /> <br />In addition, an EIS: <br /> <br />shall provide full and fair discussion of significant environmental impacts and shall <br />inform decisionmakers and the public of the reasonable alternatives which would <br />avoid or minimize adverse impacts or enhance the quality of the hUl\lan enviromnenl <br />. . . Statements _ . . . shall be supported by evidence that the agency has malic the <br />necessary environmental analyses. <br />..'. <br /> <br />!d. ~ 1502.1 (describing he purpose of preparing an EIS). <br /> <br />00830 <br />