BOARD00038 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - San Juan River Recovery Implementation Program Document Revisions
• Board Meetings - Doc Type: Memo

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of impacts associated with water development such as water quality degradation, contaminants
from irrigation return flows, scouring and sedimentation of the river channel, and water
temperature changes. The consultations resulted in "reasonable and prudent alternatives" being
developed to avoid a jeopardy determination for these projects.

During these consultations, it was recognized that in order to continue development of the waters
of the San Juan River and to protect and recover the endangered fish populations within the river,
a program or plan was needed whereby all entities with responsibilities for, or substantial stake
in, water development or management and endangered species might work cooperatively to meet
the needs of the people and conserve resources. The basis for such a program was established in
the 1991 Biological Opinion for the ALP.

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Development of the San Juan River Basin Recovery Implementation Program

In 1992, the Secretary of the Interior, on behalf of the US Fish and Wildlife Service (Regions 2
and 6), u.s. Bureau of Reclamation, and u.s. Bureau of Indian Affairs; the Governors of
Colorado and New Mexico; and the Southern Ute Indian Tribe, the Ute Mountain Ute Indian
Tribe, and the Jicarilla Apache Nation executed a Cooperative Agreement to carry out this
Program (Appendix A). The Cooperative Agreement incorporates the terms, objectives and
undertakings of the Program and commits each party to its timely implementation. The
Cooperative Agreement has been executed under the statutory authority of the Endangered
Species Act and other appropriate state, federal and tribal laws. All entities that have signed the
Cooperative Agreement are referred to in this Program as the "Signatories."

The Bureau of Land Management became a participant in the Program in October 1993 as a
result of a jeopardy biological opinion issued by the Service.

The Navajo Nation did not initially execute the Cooperative Agreement. The Navajo Nation, by
and through a letter dated October 21, 1996, from its President to the Program Coordinator for
the Program, agreed to participate in and commit itself to the timely implementation of the
Program. This commitment includes the utilization of the authorities of the Navajo Nation to
protect flow releases from Navajo Dam made for the purpose of benefiting endangered fish
populations in the San Juan River. The Coordination Committee approved the Navajo Nation's
participation in the Program on November 6, 1996.

Trust Responsibilities

The reservations of four federally recognized Indian tribes -- the Southern Ute Indian Tribe, the
Ute Mountain Ute Tribe, the Navajo Nation and the Jicarilla Apache Nation -- are located within
the San Juan River Basin. The four tribes have reserved water rights under federal law, some of
which have been quantified, to provide water to the reservations for use as permanent homelands.
The Secretary of the Interior has a trust responsibility to protect and maintain the trust water
resources of the tribes.

The Department of the Interior intends to use its authority to the fullest extent possible to
preserve and protect the water resources of the tribes in the Basin. A goal of this Program is to
conserve the populations of Colorado pikeminnow and razorback sucker in the Basin while
meeting the Department's trust responsibilities to the tribes.

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