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<br />UUltiUft <br /> <br />The DEIS specifically addresses future water development under the "preferred alternative" <br />selected in the EIS process. Specifically, the DEIS states: <br /> <br />"The preferred alternative provides for significantly more depletions than does <br />the no action alternative. The preferred alternative does not preclude depletions <br />beyond those shown in the depletion table; additional evaluation, NEP A <br />compliance, and ESA consultation will be necessary for any depletion beyond <br />these, if federal action is required." <br /> <br />The re-operation of Navajo Reservoir by Reclamation is for the purpose of benefiting <br />endangered fish, in compliance with the Endangered Species Act. Re-operation is an integral <br />part of the San Juan River Basin Recovery Implementation Program, and the goals of that <br />Program. Re-operation is designed to provide ESA compliance for existing and future depletions <br />in the basin consistent with the Recovery Program. <br /> <br />Neither the DEIS nor the San Juan River Basin Recovery Implementation Program specifies that <br />the benefits of the Recovery Program are limited to any particular party or state. The Program <br />provides benefits to existing and future water development consistent with interstate compacts, <br />state law, and other applicable law. <br /> <br />Federal Authorization of Fundine: for the San Juan River Basin Recoverv Implementation <br />Proe:ram <br /> <br />Public law 106-392, passed by Congress and signed by the President in 2000, authorizes federal <br />funding for the San Juan River Basin Recovery Implementation Program (and a similar program <br />in the Upper Colorado River Basin), and recognizes and requires non-federal contributions from <br />the states, power users, and water users. (Attachment 3) <br /> <br />The purpose of the legislation was to authorize and provide funding " . . . to continue the <br />implementation of endangered fish recovery implementation programs for the Upper Colorado <br />and San Juan River basins in order to accomplish the objective to these programs within a <br />currently established time schedule." It authorizes both capital funding and operations funds for <br />the two programs. <br /> <br />7 <br />