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<br />project proponents, and the State of Colorado, called for the creation of a fund to allow the <br />Tribes to purchase agricultural land and water rights from their neighbors. The project <br />proponents' alternative was thereafter coined 'Animas LaPlata Lite'. <br /> <br />Senate bill 1771 introduced on March 17, 1998, and the companion House bill 3478 would have <br />authorized ALP Lite. Both bills revised portions of Section 6 of the 1988 Settlement Act in <br />response to the controversy surrounding the project. The proposed amendments reduced the <br />ALP facilities required to be constructed to satisfy the outstanding water right claims of the two <br />Ute Tribes. Under the bill the United States would construct three facilities including a pumping <br />plant to divert water from the Animas River, a conduit to carry that water to a place of storage, <br />and a reservoir to store that water. The bill would also have revised the allocation of depletions <br />among the Indian and non-Indian municipal and industrial users, declared the construction costs <br />non-reimbursable, and established a payment limit for M&I water. The bill also reduced the <br />amount of irrigation supply, provided for the transfer of water to the New Mexico beneficiaries, <br />and provided a determination of adequacy for current environmental compliance documents, <br />among other things. The Administration opposed the legislation in testimony delivered by the <br />Commissioner of Reclamation at a June 24, 1998, Senate hearing. <br /> <br />On August 11, 1998, at a meeting in Governor Romer's office with the two Ute Tribes, Secretary <br />Babbitt unveiled an Administration proposal for final implementation of the Colorado Ute Water <br />Rights Settlement, including a scaled-down version of ALP. This proposal, now termed 'ALP <br />Ultra Lite', utilizes a number of the concepts developed during the Romer-Schoettler process, <br />including a water allocation which fits within the 57,100 afy depletion limitation found in the <br />FWS Biological Opinions, and the purchase of water rights on a willing buyer/willing seller <br />basis. However, the proposal downsizes the storage reservoir to a design based on a maximum <br />of 57,100 afy depletions, and would deauthorize most other project features, including the <br />construction of all irrigation conveyance facilities. The proposal would also limit non-Indian <br />participation to M&I wateruse and require full non-Indian reimbursement of their share of the <br />project. The Navajo Nation would still be allocated 2,340 afy under this project proposal. All <br />environmental laws would have to be complied with, including a NEPA analysis of the <br />Administration proposal. This analysis would include a review of non-structural alternatives. <br />Additional funds would be authorized for appropriation to provide the two Tribes an opportunity <br />to purchase an additional 13,000 afy of appropriative surface water rights in accord with the total <br />quantity of water contemplated under the 1988 Settlement Act. <br /> <br />8 <br />