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<br />OilJ779 <br /> <br />GENERAL PRINCIPLES <br /> <br />· The proposal should provide a mechanism for the Ute Tribes to secure access to the <br />Tribes' water right in the Animas and the LaPlata river systems. Under the 1986 <br />Settlement Agreement, the Tribes, the United States, and state parties agreed to settle the <br />Tribes' water claims in the Animas and LaPlata rivers by limiting the Tribes' water rights <br />to 62,200 acre feet per year, which is equivalent to average depletions of 53,200 acre feet <br />per year. <br /> <br />· The proposal should take into account the U.S. Fish & Wildlife Service's determination <br />that depletions from the Animas River cannot exceed 57,100 acre feet of water per year <br />under the Endangered Species Act (ESA). The proposal should not assume that <br />additional depletions will be available for the ALP project in light of the substantial claims <br />that downstream tribes and non-Indians have on any additional Animas River depletions <br />that might become available in the future. (E.g., Navajo Nation; Jicarilla Apaches.) <br /> <br />· The proposal should take advantage of concepts developed during the Romer-Schoettler <br />process, including (1) a new water allocation that fits within the 57,100 acre foot <br />depletion limitation identified by the U. S. Fish & Wildlife Service; and (2) the purchase of <br />water rights on a willing buyer/willing seller basis. <br /> <br />· An off-stream storage reservoir should be limited in size to reflect the limited depletion <br />allowance available from the Animas River. The United States, and other participating <br />parties, should agree to mitigate any adverse environmental impacts associated with the <br />construction of an off-stream storage reservoir. <br /> <br />· Based on the Tribes' strong view that some of the storage capacity of an off-stream <br />reservoir should be made available to non-Indian settling parties, the United States should <br />be willing to allow for non-Indian participation in the storage project, but only so long as: <br /> <br />(1) the non-Indian parties fully absorb the costs associated with their share of the project <br />in accordance with Reclamation law and Administration policy; <br /> <br />(2) non-Indian participation in the storage project is limited to M&I water use; and <br /> <br />(3) the Tribes agree to utilize other mechanisms to obtain wet water for water rights that <br />cannot be accommodated in a storage facility whose design is based on a maximum of <br />57,100 acre feet per year in depletions. <br /> <br />2 <br />