ALP 23

CHAPTER 4
OTHER IMPACT CONSIDERATIONS
% flow recommendations, N11P, and ALP could limit further tribal water development in the San Juan
% Basin. Additionally, there is a potential for an increased risk of an ESA Section 9 violation (Section 9
% prohibits the "take" of any listed species) by any non - federal developer of San Juan River Basin . water.
% Because Section 9 of the ESA prohibits a range of activities that include habitat modification, any non -
% federally related tribal water development activities will incur the potential for an increased risk of "take"
% of a listed species.
9t Mitigation for Refined Alternative 4 Impact 2: The following measures would provide some
mitigation for the projected impacts.
% While Declamation agrees that future Jicarilla Apache Tribe water development may be adversely
% affected because of Section 7 concerns, Declamation also believes that it is still possible that some
% Jicarilla Apache Tribe water development could occur even if associated with a federal action, The
% Service, working with Reclamation and other relevant federal agencies, could develop Other potential
% measures, including water management strategies (e.g. appropriate shortage sharing based on actual
% water use), that can be undertaken as RPA's that would allow development of future water projects.
% Whether such RPA's exist is something that will only be determined through the section 7 consultation
% process. Thus, it is premature to conclude that development of NiiP and ALP will preclude Further
% federally- related water development in the San Juan basin. The Section 7 consultation process, including
% participation of the tribe seeking to use water, will need to evaluate all potential RPAs.
% It should also be noted that the Administration Proposal, as represented by Refined Alternative 4, was
% developed, in part, to eliminate the impact of the original ALP Project on the Jicarilla Apache Tribe. ',,he
% original project envisioned the depletion of 149,000 afy from the San Juan Diver Basin. Although the
% full project has not been cleared to proceed under ESA , the finality of the Administration Proposal
% intended to ensure that both the Jicarilla Apache 'Tribe and Navajo Nation will not be competing with
% additional ALP Project depletions in the future. In sum, this proposed action, in and of itself; is a partial
% mitigation measure for other water development in the San Juan Basin, intended to protect the trust ,assets
% of the Jicarilla Apache Tribe (as well as the Navajo Nation).
% However, Reclamation recognizes that only a minimal amount of water is available under today's
% circumstances and the Preferred Alternative will have some effect on the trust resources of the Jicarilla
% Apache Tribe, particularly if no RPAs are eventually developed to offset or allow future additional
% depletions. Reclamation has therefore developed other mitigation measures, including:
% Continue active participation in the San Juan River Basin Recovery Implementation Program to
% promote the dual goals of romovcry of endinigewd species and proceed with water development in
% the basin. The SJRRIP is key to facilitating additional water development by the Jicarilla
% Apache Tribe. Reclamation's participation includes;
% - Provide substantial technical support in the development and refinement of a
% comprehensive hydrology model to allow realistic, supportable projections of future
% water uses within the basin;
% - Continue to optimise the operating rules for Navajo Dam to provide more efficient
% fulfillment of the flow recommendations necessary for endangered species recovery;
Implement an adaptive management program associated with the operation of Navajo
% Reservoir to evaluate biologic responses to a more natural hydrograph.
4.6 ENVIRONMENTAL JUSTICE AND
INDIAN TRUST ASSETS 4 -24