Letter to Bruce Babbit April 11 1994

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C r * ( _�2& BEN NIGHTHORSE CAMPBELL coio"oo Inited states senate WASHINGTON, DC 20510 -0605 April 11, 1994 The Honorable Bruce Babbitt Secretary U.S. Department of the Interior 1849 C Street, N.W. Washington, D.C. 20240 Dear Secretary Babbitt: The Ute Indian Tribes are coming to Washington this week to appear before the Senate and House Appropriations Committees to support the President's request for funding for the Animas-La Plata Project which is major component of the Colorado Ute Indian Water Rights Settlement Act. The tribes, however, are also coming to Washington to discuss the possible impact the March 15, 1994, designation of critical habitat for-four endangered fish may have on the settlement. The Endangered Species Act requires the the designation of critical habitat for an endangered or threatened species within one year of listing. You are allowed to exclude areas from critical habitat designation after the completion of an economic impacts analysis. In the case of the four endangered Colorado River fish, we realize that you were under a court order to designate critical habitat for these fish by March 15, 1994. The U.S. Fish and Wildlife Service released economic analysis of the impact of the desii habitat for the fishes on November 5, 1993. held in Grand Junction, Colorado, following documents, and state officials filed formal proposed designation following the hearing. its three volume jnation of critical A public hearing was the release of the comments on the on January 6, 1994, Sen. Campbell's staff, Governor Romer's staff, a representative of the Upper Colorado River Basin Commission, and others met to discuss this issue with Asst. Secretary Frampton, Director Beattie and Commissioner Beard. At those meetings, state officials expressed their belief that the designation of critical habitat should have no more of a detrimental impact on water development than the earlier listing of these species as endangered -- in light of the fact that Recovery Plans have been developed and signed by each governor and former Interior Secretary Lujan.