WSP10769

• File Number: 8220.105
• Description: Colorado River-Water Projects-Navajo
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 7/1/2001
• Author: BOR
• Title: Revised Draft Environmental Assessment for the Jicarilla Apache Nation Water Subcontract-aka USBR/PNM Water Contract Renewal and Extension
• Water Supply Pro - Doc Type: Report/Study

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Colorado Ute Tribes' water rights have been quantified with the exception of water from the Animas and
La Plata Rivers. The Colorado Ute Settlement Act Amendments of 2000 (Animas-La Plata Project)
specify how adjudication of rights will be finalized on these two rivers. Provisions of the Colorado Ute
Indian Water Rights Settlement Act of 1988 can be found in Chapter 1 of the Final Supplemental
Environmental Impact Statement for the Animas-La Plata Project (USBR 2000).

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The Jicarilla Apache Nation Water Subcontract allows the Jicarilla Apache Nation to exercise a portion of
its water rights using a depletion that is in the environmental baseline for recent Section 7 consultations.
The existing baseline depletion is now being used for a water service contract for water from Navajo
Reservoir between PNM and USBR. This contract will end December 31, 2005. An agreement between
the Navajo Nation, PNM, and USBR will allow funds supplied by PNM to go toward the rehabilitation of
certain mainstem irrigation projects owned by the Navajo Nation along the San Juan River. The
Department of Interior has pledged within the record of decision issued as part of the FSEIS on the ALP
that it will work with all four Tribes within the San Juan River Basin to find water to meet tribal claims
and needs.

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6.5.3 Impacts of the No Action Alternative

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No Action would have significant impacts on the Jicarilla Apache Nation's use and enjoyment ifits water
rights and would be inconsistent with the United States' trust responsibility to the Jicarilla Apache
Nation. As explained in Section 3.0. hydrologic modeling used in recent consultations under Section 7 of
the Endangered Species Act suggests that only 5.000-6,000 AF of water can be developed in the San Juan
River Basin consistent with the conservation measures imposed by the USFWS. USBR's approval of the
Subcontract would allow the Nation to exercise 16,200 AF of its depletion rights under the Federal
Contract and Settlement Act by becoming the supplier for the existing SJGS depletion. So long as the
USFWS continues to apply the baseline depletion and hydrologic modeling assumptions used in recent
Section 7 consultations, the Nation's ability to lease or to develop its water rights with any federal
involvement that requires a Section 7 consultation would be limited to the amount assumed available by
the hydrologic modeling. As a result, the denial of approval for the Subcontract would deprive the Nation
of the use and enjoyment of the bulk of its depletion rights under Federal Contract and Settlement Act.

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6.6

Environmental Justice

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As part of the NEPA process, agencies are required to identify and address disproportionately high and
adverse human health or environmental effects on minority and low-income communities. Executive
Order 12898 requires that "the responsibilities set forth shall apply equally to Native American
programs." Therefore, when minority and low-income populations are discussed, Indian populations may
also be included. Six principles are followed:

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. Identify minority and low-income populations in the area affected by the project.

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. Consider relevant public health data and industry data regarding potential multiple and cumulative
exposure of minority and low-income populations to human health or environmental hazards.

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. Recognize interrelated cultural, social, occupational, historical, or economic factors that could
amplify environmental effects of the project.

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