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<br />000782 <br /> <br />3. Acquisition of Additional Supplies of Wet Water. <br /> <br />Because depletions in excess of 57, 1 00 are not likely to be available to implement the <br />1988 Settlement Act, and because approximately 22% of the available depletion allowance <br />has been allocated to non-Indian interests under the proposal outlined above, the Tribes' <br />total of approximately 40,000 acre feet in stored water rights leaves approximately 13,000 <br />acre feet of its statutory water right unaccounted for. The Administration proposes to <br />provide the Tribes with an opportunity to secure the additional 13,000 acre feet of wet <br />water depletions through the establishment of a Water Acquisition Fund that will enable <br />the Tribes to purchase additional water rights. Water rights would be acquired on a <br />willing buyer/willing seller basis, and in accordance with state law. Preliminary cost <br />estimates indicate that approximately $40,000,000 in 1998 dollars would be required to <br />purchase the additional land and water rights. 3 <br /> <br />To provide flexibility in the use of this fund, authorization will be made to allow up to <br />50% of the funds to be redirected for on-farm development, water delivery infrastructure, <br />or other economic development activities in lieu of water purchases. <br /> <br />4. Application of Environmental Laws. <br /> <br />The Administration's proposal must be implemented in accordance with applicable <br />environmental laws (e.g. NEP A, ESA, & CW A). The environmental review will include <br />appropriate consideration of alternatives, including a full analysis of the non-structural <br />alternative. Existing analyses will be reviewed and utilized to streamline all necessary <br />reviews. The agencies involved in these activities will expedite environmental reviews to <br />the maximum extent practicable. <br /> <br />Adverse wetlands impacts caused by construction of the storage facility will be mitigated <br />by the United States and other project participants. Likewise, adverse impacts on elk <br />habitat will be addressed, and mitigated, by the parties. <br /> <br />5. Deauthorization of Other Proiect Elements. <br /> <br />This proposal would constitute the final implementation of the 1988 Settlement Act. <br />Other project features contemplated in the original Act, including the construction of <br />additional irrigation conveyance facilities, will be deauthorized. The proposal would not <br />require the Tribes to specify what uses the Tribes might make of their M&I wet water <br />assets in the near-term, or for future generations. However, in order to complete a Clean <br />Water Act and NEP A analysis, it is expected that some potential use scenarios will need to <br />be identified and analyzed. <br /> <br />3 The Bureau of Reclamation anticipates that the Tribes may need to purchase <br />approximately 10,000 acres of irrigated farmland in order to secure all of their remaining water <br />rights. <br /> <br />5 <br />