CWCB Repayment Contract ALP

CHAPTER 4
OI lil_Ii IMPACT CONSIDERA HONG
1�j Operatc. file Durango Pumping Plant to limit pnrn"rig during (fry years, allowiri mom water In 'u,
be available in Navajo Reservoir to n►eel project dcnuuuls (see ScctiOn 3.2). X
❑ Facilitalc discussions hclwCGll [l1c Jlcarilla Apache. Tribe and other parties with inicrc is in the
San Juan River Basin. Intcresled parties will include, but neit he lin►itetl lo. file Colorado t Itc
Tribes. Navajo Nation, the Soviet, and privmc parties with existing, contracts I,roln Navajo
Reservoir. Discussiolts will ainl to develop options 1,61. obtaining the 25,500 afy (Icpletion 11'011)
Navajo River or Rcscrvoil', which is authi►rirc(I under tlte.lic :uilly �lpachc I'ribc \4 atcr Ri;.hts
Sollcmenl Act. Such discussions among Reclamation, the .licarilla Apachc fribe, .end Public
Service (4rnpany of New hdexiio OWN!) are currently underway.tu lease 16.200 aly o1'Ihch
water rights [o I'NNI. If successlill, [his would place a portion ol`Ihr. Jicavilfa Apache I'rilic's
depletion allocation in the baseline.
* Reclamation will work with the Navajo Nation and the. Jic :n-illjl ; \pachC TribC lt► C0111hinc
resources in evaluating options for proceeding, with the Nav ;ijei- Gailup Project, the Navajo River
\yiucr D velopment Plan, and wmoiWon if Me I log,back I'ri►jcet 10 try and r►lillinlizc Ilse
likelihood Ihal any single I ribe bears a dispn:►porliwmW burden Or tile. conservation 0f listed
species under file I ?SA.
* Itecl;ln►alkm, through its Native American Afl?lirs am technical assistance pagisn►s, will wort:
with the .licarilla Apache Tribe r0 facilitate its ability to independcluly utilizv the ti:ut Ju:ul River
basin hyth-olugic model to ensure more. eflcctive participation in The S. HHRIP and other
appropriate. uses.
1-11 Reelanlation will inili;ale an independent review of the hydrologic nh del I(. ensrlre its accuracy
and value as a tool in future water planning activities.
U Reclamation will consult with Ihc.licarilla Apache Tribe on the in) plolliclo;1Iiu11 of -Ihc abovc
mitigation measures;oid will continence such consultation early in the in►plementation pro(:cs;.
Relined Alternative 4 Impacl 3 - Significant: Rehired Alternative. -1 limits the wafer supphY
available t•or the devOopmenl of file proposed Navajli-(hHup Pt•oject desi�Wneil Iii (Icliver drinl(ing
water In portions of the. Navajo Nation will) limited or no supply.
Relative to no action►, Relined Ahcrnalive d reduces file pwscnt supply available. to 1W Nawjo Na6m to
allow utilizolion of its water rights consWoH "with the HSA. Section 70X2y,fMc ESA slater; 09 each
fc(lcral agency shall. in consultation with the Secretary, insure that city action authorized, fu N1, or
maid out by Ihat ymmy shall not jeopardize file continued existence ofa lkwd species or result in the
dcsfruction or adverse modification of critical habilal. For federal actions in the San .lu:m Basin, such as
ALP, the Service has issued reasonable and prudent ahematives which have allowed file action to go
forward. In the recent past, These. RF'A's have re(Il.lired Reclamation to participate in research to
determine the flows nectled to recover endangered lisp species and then to operate Navajo Dam to n►inlic.
a natural h &Mgraph. 1111-8. full implemCF1101 ion oflhe iluw rcconuricnd;oions. NIIP, and AI.I' could
potentially limit further tribal water do,clopntcnt in the San Juan basin. Additionally. there is a polential
for an increased risk ofan ESA Section 9 violation (Seelloo 9 prohibit: the "iake" ofany listed species)
by any non- fcdcral developer of San Juan River Basin water. Because Section 9 of the FSA prohibits a
range of activities that include: habiful tnoilificathn, any non -I demily rch wd Iribal water develupment
activities will incur the pmenthl fur an increased risk of-wke" ofa listed species.
4.ri P.NVIRONMENTAL JUSTICE AND
r145 INDIAN TRI,ISI ASSETS
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