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<br />Accordingly, current and future efforts to develop water in the Upper Basin must address the <br />impact of such development on the listed native fish. Critical habitat was designated for these <br />fish in 1994 on the San Juan and Green Rivers and elsewhere. The listing of these fish and the <br />designation of their critical habitat directly affect the current operations of Federal water projects <br />and the construction of new ones on the San Juan and Green Rivers. <br /> <br />This Case Study is divided into three parts. Parts A and C address the San Juan River sub-basin <br />and the Green River sub-basin, respectively. These two parts discuss (1) tribal water rights and <br />claims and Indian water projects; (2) water development in each sub-basin, including Federal <br />projects; and (3) the effect ofESA Section 7 consultations on the exercise ofIndian water rights. <br />Part B discusses tribal concerns regarding the designation of critical habitat which affects tribal <br />water development within the Upper Colorado River Basin. <br /> <br />A. THE SAN JUAN RIVER SUB-BASIN <br /> <br />The San Juan River, the second largest tributary to the Colorado River, located in the Four <br />Corners area of Arizona, Colorado, New Mexico, and Utah, stretches from its source on the <br />Continental Divide in southern Colorado, 350 miles to Lake Powell. The San Juan River drains <br />approximately 25,000 square miles of land and contributes about 2 million acre-feet per year to <br />Lake Powell. About one half of the 2 million acre-feet is controlled by the Navajo Dam. The <br />sub-basin makes up about one-fourth of the Upper Colorado River Basin. <br /> <br />Four Indian reservations occupy approximately 60 percent of the land in the San Juan River <br />Basin. The Navajo Nation lands total 25,351 square miles and extend into New Mexico, <br />Arizona, and Utah. About one-half of all Navajo lands lie within the San Juan River Basin. Ute <br />Mountain Ute lands include 890 square miles in Colorado and New Mexico. Southern Ute <br />Indian trust lands, within the Tribe's 1,250 square miles of checkerboard Reservation, include <br />470 square miles in Colorado. The Jicarilla Apache Reservation includes 960 square miles in <br />New Mexico, 80 percent on the west side of the Continental Divide in the San Juan River Basin. <br />The accompanying map shows the approximate locations of the reservations. <br /> <br />1. TRIBAL WATER RIGHTS AND CLAIMS. <br />AND WATER PROJECTS TO BENEFIT INDIAN TRIBES <br /> <br />NAVAJO NATION <br /> <br />2 <br /> <br /> <br />The Navajo Reservation was established by treaty in 1868 and was expanded substantially by <br />Executive Orders and statutes between 1868 and 1934. The San Juan River runs through the <br />original 1868 reservation. Executive Orders signed during the 1880's expanded the reservation to <br />