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10/24/2016 1:49:03 PM
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3/28/2013 1:44:15 PM
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Animas La Plata Project
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UMUT INITIAL COMMENTS ON RECREATION LEASE AND EA <br />NOVEMBER 16, 2012 <br />TRIBAL MEMBER ACCESS AND TREATY RIGHTS <br />On November 13, 2012, the UMUT and the BOR held a formal government -to- <br />government consultation. At that consultation, the UMUT and BOR discussed Tribal concerns <br />with access to the area covered by the Recreation Lease ( "Recreation Area ") and the EA. <br />Specifically, the Tribe has requested that the BOR and any recreation manager waive recreation <br />fees for UMU Tribal members and the UMUT has demanded that the BOR protect the UMUT's <br />treaty rights to hunt and fish in this area. The UMUT looks forward to further discussions and <br />agreements about access, but notes here that the EA and Recreation Lease should be amended to <br />include a discussion of free UMU Tribal member access and the impacts of the evaluated options <br />on the exercise of the UMUT's treaty rights. <br />2. LIABILITY FOR RECREATION MANAGER (RECREATION LEASE, SECTIONS <br />10,12) <br />The UMUT is concerned that Section 10 of the Recreation Lease (Risk and Damages) <br />only holds the City of Durango liable for negligent acts and omissions, and for those, only to the <br />extent provided by law. The UMUT is also concerned that Section 12 (Hazardous Waste, <br />Recycling, and Waste Reduction) and Section 15 (Natural Resource Conservation and <br />Protection) do not explicitly address water quality (despite significant emphasis on water quality <br />protection and monitoring in the EA). Finally, the UMUT is concerned that Section 15 does not <br />adequately allocate responsibility between the City, the BOR, and the Association. The UMUT <br />suggests that the BOR and the Association discuss risk allocation between the Association, the <br />BOR, and the City, with a focus on risks for safety /personal injury and for environmental and <br />water quality contamination. The UMUT also suggests that the Association demand that the <br />Recreation manager take equal or greater risk responsibility than the Association does (because <br />of significant injury and environmental contamination risks associated with recreation). <br />VARIATION IN WATER LEVEL <br />The UMUT notes that BOR's description of the dead/inactive pool is inconsistent <br />between the documents. The UMUT is concerned that BOR has characterized the use of the <br />conservation pool as "emergency" (Recreation Lease section 14) or "not subject to withdrawal" <br />(EA page 10, describing the "inactive pool "). The UMUT suggests that the Association request <br />that BOR formulate consistent language on the conservation or inactive pools and denote that the <br />BOR anticipates occasional use of the pool during project operations. <br />The UMUT also suggests that both the EA and the Recreation Lease more explicitly <br />address that operational needs for lake level variations will override recreation interests in Lake <br />Nighthorse. <br />
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