ALP 23

CHAPTER 4
OTHER IMPACT CONSIDERATIONS
4.6.4.3 impact Analysis
The following sections discuss potential impacts to ITAs and Environmental Justice of Refined
Alternatives 4 and 6 and the No Action Alternative. In addition, mitigation measures are proposed to
reduce or eliminate potential significant impacts.
4.6.4.3.1 Refined Alternative 4
Indian Rust ets
Refined Alternative 4 Impact 1- Potentially Significant: Refined Alternative 4 does not meet the
terms and conditions of the Settlement Agreement for the Colorado Ute Tribes.
Refined Alternative 4 would provide storage for a portion of the Colorado Ute Tribes' assured water
rights, However, the 39,960 afy of allowed depletion for the Colorado Ute Tribes is 13,240 afy less than
that identified in the Settlement Agreement. All water provided under Refined Alternative 4 must be
used for M&I purposes, while the Settlement Agreement specified that 3,400 afy of depletion be used for
irrigation purposes by the Southern Ute Indian Tribe, and 26,300 afy be used for irrigation purposes by
the Ute Mountain Ute Tribe. Because of the reduced amount of depletion, the lack of irrigation water
and facilities, the precise terms of the original Settlement Agreement would not be met under Refined %
Alternative 4.
Flowever, Refined Alternative 4 would provide the Colorado Ute Indian Tribes a means to purchase
approximately 13,000 afy through the use of a $40 million water acquisition fund. This amount could be
used to acquire private water rights on a willing buyer /willing seller basis. These funds could also be
redirected for on -farm development, water delivery infrastructure, or other economic development uses.
Most important, the Colorado Ute Tribes have endorsed Refined Alternative 4 as being sufficient %
substitute for the original elements of the 1986 Settlement Agreement. %
Mitigation for Refined Alternative 4 Impact is Seek modification of Settlement Agreement+
Refined Alternative 4 would meet the Settlement Agreement ifCongress passes any legislation, with the %
support of the Colorado We Tribes, that specifies that the terms and conditions of Refined Alternative d %
satisfy the Colorado Ute Tribes' water rights. Both Colorado Ute Tribes have passed resolutions %
supporting the selection of Refined Alternative 4 for settlement of all their remaining water rights claims. %
Refined Alternative 4 Impact 2 - Significant! Under present conditions, Refined Alternative 4
reduces the water supply available for the Jicarilla Apache Tribe water rights in the San Juan
River.
Relative to no action, Refined Alternative 4 reduces the present supply available to the Jicarilla Apache %
Tribe to allow utilization of its water rights consistent with the ESA. Section 7(a)(2) if the ESA states %
that each federal agency shall, in consultation with the Secretary, insure that any action authorized, %
funded, or carried out by that agency shall not jeopardize the continued existence of a listed species or %
result in the destruction or adverse modification of critical habitat. For federal actions in the San Juan %
basin, such as ALIT, the Service has issued reasonable and prudent alternatives which have allowed the %
action to go forward. In the recent past, these RDA's have required Reclamation to participate in %
research to determine the flows needed to recover endangered fish species and then to operate Navajo %
Dam to mimic a natural hydrograph. Thus, according to current modeling, full implementation of the %
4,8 ENVIRUNMEN JAL JUSTICE AND
4 -23 INMAN TRUST ASSETS