Laserfiche WebLink
<br />OO[}7~7 <br /> <br />Circumvention of Environmental Laws <br /> <br />The Administration believes that as written Section 3( c) would circumvent critical environmental <br />laws, including the Endangered Species Act, Clean Water Act, and National Environmental Policy <br />Act. The Administration strongly opposes any Congressional finding that applicable <br />environmental laws have been satisfied with respect to environmental and cultural resources for <br />the three features of a modified Animas-LaPlata Project described in S. 1771. Any waiver of <br />these laws for a modified Animas-LaP1ata Project would be unwise. In the end, the Congress, the <br />public, the Tribes and the Nation will be better served by compliance with the applicable <br />environmental laws. <br /> <br />Reclamation anticipates that focused and further analysis under the National Environmental Policy <br />Act would be necessary because the modified Animas-La Plata Project that would be authorized <br />in S. 1771 is different than that configured in the 1996 Final Supplement to the Final <br />Environmental Statement. In addition, further Endangered Species Act consultation would be <br />needed to consider the results of the seven-year studies that have been completed recently and the <br />effects to river hydrology resulting from a modified project. Reclamation and the Service are <br />prepared to move expeditiously on this analysis and to complete any additional studies through <br />Indian Self Determination Act agreements with the Ute Tribes. <br /> <br />Cost Sharinf and Cost Indexinf <br /> <br />S. 1771 would exempt the modified Animas-LaPlata Project from the basic requirements of <br />Reclamation laws that are designed to ensure economic feasibility and appropriate financing of <br />Reclamation water projects. The Administration strongly opposes the waiver of these <br />requirements. <br /> <br />On August 15, 1985, the U.S. Congress in Public Law 99-88 appropriated $1 million for design <br />and construction of the original Animas-LaPlata Project. The use of those funds was contingent <br />upon the completion by June 30, 1986, of a binding, Federal/non-Federal cost-sharing agreement <br />satisfactory to the Secretary of the Interior. Consequently, in late 1985, the Project proponents <br />and the States of Colorado and New Mexico entered into negotiations for a cost sharing <br />agreement. The Federal and non-Federal entities signed the Cost Sharing Agreement on June 30, <br />1986, and the Settlement Agreement on December 10, 1986. A principal element of the Cost <br />Sharing Agreement and the Indian water rights settlement agreement was dividing construction of <br />the Project into two phases, Phases I and II, and associated cost-sharing obligations. The cost of <br />constructing Phase I would be shared by Federal and non-Federal Project participants. <br />Subsequently, Phase I was divided into Stage A and Stage B to accommodate the existing <br />depletion limit of 57,100 acre-feet arising from endangered species concerns, while allowing for <br />the possibility of additional water availability pending the outcome of the 7-year research study on <br />endangered fish. Phase I, Stage A of the original Animas-La Plata Project was designed to have <br />independent utility even if Phase B is never completed. Construction of Phase II would be the <br /> <br />8 <br />