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WSPC12533
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Last modified
1/26/2010 4:16:45 PM
Creation date
8/2/2007 2:39:43 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064.100
Description
Indian Water Rights - Ute Tribes
State
CO
Basin
Statewide
Date
6/24/1998
Author
Various
Title
Statements Before the Senate and House of Representatives - RE-Colorado Ute Settlement Act Amendments of 1998 - S-1771 and HR-3478 - 06-24-98 and 07-28-98
Water Supply Pro - Doc Type
Report/Study
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<br />000745 <br /> <br />stated the Project is likely to jeopardize the continued existence of Colorado squawfish and that <br />no reasonable and prudent alternatives (RP As) were identified to offset jeopardy to the <br />endangered fish. From June 1990 through March 1991, Reclamation consulted with Federal, <br />State, Tribal, and private experts and agencies to develop an RP A that would offset jeopardy to <br />the endangered fish and allow construction of the Project to begin. <br /> <br />The Biological Opinion issued by the Service on October 25, 1991, contained an RPA which <br />would allow construction of several Project features (including Durango Pumping Plant, Ridges <br />Basin Inlet Conduit, Ridges Basin Dam and Reservoir, and other features) and initial annual water <br />depletions for the Proj ect of 57,100 acre-feet. At the same time, an approximately 7 -year <br />research study of endangered fish in the San Juan River (7-year research study) would be <br />conducted, and Navajo Dam would be operated to replicate the natural hydrograph of the San <br />Juan River and provide flows needed for the research period. Subsequently, consultation was <br />reinitiated to address such new information as designation of critical habitat for endangered fish <br />and listing of the Southwestern Willow Flycatcher. That consultation concluded with a final <br />Biological Opinion and an RPA on the endangered fish from the Service dated February 1996, <br />allowing an initial average annual water depletion of 57,100 acre-feet. Other requirements of this <br />RP A are generally similar to those of the previous RP A. The seven-year research studies have <br />been completed and provide new information about the needs of the endangered fishes and critical <br />habitat in the San Juan River. This information, along with new hydrology information on the San <br />Juan River, needs to be evaluated by the Service to determine if additional measures are necessary <br />to avoid jeopardy to endangered fishes in the San Juan River. <br /> <br />As it did with regard to the original Animas-La Plata Project in September 1979, Reclamation <br />typically provides Congress with a definite plan report (planning report) prior to a project <br />receiving Congressional authorization to initiate construction. Among other things, a planning <br />report must document economic feasibility and financial viability. The September 1979 report has <br />not been updated to address a modified Project as set forth in S. 1771 or possible alternatives. <br /> <br />As noted above, the modified Project proposed in S. 1771 is scaled down from the original <br />Animas-La Plata Project. There are changes in the water allocation among users, differences in <br />the amount and timing of diversions from the Animas River, different return flow assumptions <br />with respect to the Ute Indian water, among other changes. It is important to assess adequately <br />the feasibility, financial responsibilities, benefits and costs and environmental impacts of such <br />changes. The Administration believes it is essential to analyze these issues. For example, <br />Reclamation knows that the cost of Ridges Basin Dam as provided for in S. 1771 could be <br />reduced by as much as one-half if a reservoir sufficient to hold only the Indian M&I water were <br />created. Such a reservoir may not provide certain fish and wildlife or recreation benefits, but the <br />Administration believes that such a change to the modified Animas-LaPlata Project proposal <br />should be analyzed in light of its potential cost savings. There appears to be a need to allow for <br />exploration of a variety of alternatives means to deliver water to the Tribes, including alternative <br />dam sizes, pumping capacities, and various configurations as well as possible non-structural <br /> <br />6 <br />
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