ALP 23

CHAPTER 4
OTHER IMPACT CONSIDERATIONS
C� Operate the Durango Pumping. Plant to limit pumping during dry years, allowing more water to %
be available in Navajo Reservoir to meet project demands (see Section 3.2). %
d Facilitate discussions between the Jicarilla Apache 'Tribe and other parties with interests in the
San Juan River Basin. Interested parties will include, but not be limited to, the Colorado Ute
Tribes, Navajo Nation, the Service, and private parties with existing contracts from Navajo
Reservoir. Discussions will aim to develop options for obtaining the 25,500 afy depletion from
Navajo River or Reservoir, which is authorized under the Jicarilla Apache Tribe Water Rights
Settlement Act. Such discussions among Reclamation, the Jicarilla Apache Tribe, and Public
Service Company of New Mexico (PN M) are currently underway to lease 16,200 afy of their
water rights to PNM. if successful, this would place a portion of the Jicarilla Apache Tribe's
depletion allocation in the baseline.
❑ Reclamation will work with the Navajo Nation and the Jicarilla Apache Tribe to combine
resources in evaluating options for proceeding with the Navajo - Gallup Project, the Navajo River
Water Development Plan, and restoration if the Hogback Project to try and minimize the
likelihood that any single Tribe bears a disproportionate burden for the conservation of listed
species under the ESA.
• Reclamation, through its Native American Affairs and technical assistance programs, will work
with the Jicarilla Apache Tribe to facilitate its ability to independently utilize the San Juan !fiver
basin hydrologic model to ensure more effective participation in the SJRBRiP and other
appropriate uses.
• Reclamation will initiate an independent review of the hydrologic model to ensure its accuracy
and value as a tool in future water planning activities.
• Reclamation will consult with the Jicarilla Apache Tribe on the implementation of the above
mitigation measures and will commence such consultation early in the implementation process.
Relined Alternative 4 Impact 3 - Significant: Rellued Alternative 4 limits the water supply
available for the development of the proposed Navajo- Gallup Project designed to deliver drinking
water to portions of the Navajo Nation with limited or no supply.
Relative to no action, Refined Alternative 4 reduces the present supply available to the Navajo Nation to
allow utilization of its water rights consistent with the ESA. Section 7(a)(2)of the ESA states that each
federal agency shall, in consultation with tlic Secietaty, insure that any action authorized, funded, or
carried out by that agency shall not jeopardize the continued existence of listed species or result in the
destruction or adverse modification of critical habitat. For federal actions in the San Juan Basin, such as
ALP, the Service has issued reasonable and prudent alternatives which have allowed the action to go
forward. in the recent past, these RPA'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, full implementation of the flow recommendations, NIIP, and ALP could
potentially 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.
4.11 EMARONMENTAL JUSTICE AND
4 -25 INDIAN TRUST ASSETS
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