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<br />> . <br /> <br />~ <br /> <br />0018('7 <br /> <br />t.l813Z/~ <br /> <br />COMMENTS <br />ON <br />LONG HOLLOW RESERVOIR, LA PLATA RIVER COMPACT <br />ADMINISTRATION, AND ASSOCIATED WATER SUPPLY MODELING <br /> <br />John R. D'Antonio, Jr., New Mexico State Engineer <br />August 12-13, 2004 <br /> <br />Lonl! Hollow Reservoir <br /> <br />I. The La Plata Water Conservancy District provided depletion information for the proposed Long <br />Hollow Reservoir project to the Bureau of Reclamation, and Reclamation ran its RiverWare model using <br />the depletion location and amounts provided. Based on the RiverWare model results, a project with the <br />provided depletions would not infringe upon the San Juan River Basin Recovery Implementation <br />Program's flow recommendations for endangered fish habitat in the San Juan River. <br /> <br />2. The Fish and Wildlife Service may make fmdings in a Biological Opinion that a project that stays <br />within the depletions provided by the La Plata Water Conservancy District does not cause jeopardy to <br />endangered fish, or does not result in take of endangered fish other than acceptable incidental take, by <br />virtue of not impairing the flow recommendations. The Service's authorities to make determinations are <br />limited to environmental issues pursuant to Sections 7 and 9 of the Endangered Species Act; and the <br />Recovery Implementation Program, along with meeting the flow recommendations, provides reasonable <br />and prudent alternatives to avoid jeopardy to endangered fish species and reasonable and prudent measures <br />to avoid unauthorized take of endangered fish. <br /> <br />3. Environmental and federal permitting compliance activities for the project are separate from, but <br />do not obviate the need for, administration of the La Plata River Compact or compliance with applicable <br />laws. Colorado or its water users may utilize the water apportioned to the State of Colorado by compact <br />and may construct projects to do so without the approval or consent of the State of New Mexico, and the <br />Fish and Wildlife Service may make its environmental determinations without approval of the State of <br />New Mexico. EnlargemeRt of Red Mesa ReservoiI' in Celerado was approyea by the Serviee, 'lAth respect <br />to endangered species issues, without anyappro':al of the State ofNe", Mexico. <br /> <br />4. The Fish and Wildlife Service conducts Section 7 consultations in accordance with federal law <br />and its own rules and regulations, which provide that consultations be completed within certain <br />timeframes. The Service consults with the federal action agency, but does not consult with the States, <br />regarding either the Section 7 consultation process itself or information used in the process. <br /> <br />5. Implementation of proposed domestic water uses under the Navajo-Gallup Water Supply Project <br />in New Mexico may require that the Navajo Indian Irrigation Project forbear use of significant amounts of <br />water to allow the proposed domestic uses to be made without impairment of the Recovery <br />Implementation Program's flow recommendations. New Mexico is concerned that t+he degree to which <br />Navajo Nation uses must be forborne may be affected by operations at Navajo Dam required to offset <br />depletion impacts of new or increased uses in Colorado, including potential uses under the Animas-La <br />Plata Project and the proposed Long Hollow Reservoir project, an issue that Colorado and New Mexico <br />are discussing within the Recovery Implementation ProgramdElflendiBg en the ideRtificatien of other <br />reasonable and prudeRt altemati';es, if any. The Fish and Wildlife Service recognizes that the flow <br />recommendations are not necessarily inviolate and. if sufficient l'rogress is not made under the RIP. the <br />Service may identify needed reasonable and prudent alternatives. <br /> <br />4 <br />