Animas-La PLata Project Environmental Impact Statement

acquisition fund. In addition, other federal and state regulatory and environmental requirements would
have to be met in implementation of future actions (e.g., compliance with the ESA, Clean Water Act,
Colorado and New Mexico water laws).
The ALP Project
Reclamation proposes to develop a modified ALP Project in southwestern Colorado and northwestern
New Mexico for the purpose of implementing the Settlement Act. Since the ALP Project is intended to
provide stored water in lieu of the assertion of senior Tribal water rights claims, a majority of the
project's water supply is not targeted for specific near -term uses. Rather, the waters would be used in the
region over an indefinite period of time. The Colorado Ute Tribal M &I water uses are currently not
specified but were projected. Non - binding projected water uses, both on and off the Colorado Ute Tribal
reservations, were evaluated in order to provide possible uses and their associated impacts. Projections
were made of a range of potential future M &I uses for project water as a basis for developing alternatives
which would effectively provide water to meet these allocations. The scenarios for future water use were
based on reasonable estimates of regional growth and projected needs by the Colorado Ute Tribes,
Navajo Nation, the ALPWCD, and the SJWC.
The specific percentage allocation between the Colorado Ute Tribes and other project beneficiaries may
not be fixed. Comments received during scoping, and support for recently introduced legislation (i.e.,
HR 3112 and S 2508) indicate that the Colorado Ute Tribes may agree to a reallocation of 6,010 acre -feet
per year (afy) to the State of Colorado and entities in New Mexico. This reallocation of some of the
Colorado Utes water does not change the environmental evaluation presented in the SEIS. Further, the
ALP Project would be operated to include conservation measures contained in the 2000 Biological
Opinion issued by the U.S. Fish and Wildlife Service (Service) (Service 2000a) in compliance with the
Endangered Species Act (ESA). Among other measures, this opinion limits average water depletions by
the project from the San Juan River Basin to 57,100 acre -feet per year (afy).
Under the ALP Project, the Colorado Ute Tribes would receive 79,050 afy (this represents 39,960 afy of
depletions from the San Juan River system). The future uses to which water may be put by the Colorado
Ute Tribes will be the subject of future NEPA review at the time the uses are determined and structural
components are designed to convey water to those uses. A projection of future water uses by the
Colorado Ute Tribes included the following types:
■ Municipal
■ Industrial park
■ Recreation and tourism development
■ Energy development
■ Livestock and wildlife water use
■ Regional municipal water supply
■ Instream leasing of water
Table E displays the allocation of water among the Colorado Ute Tribes and other project
participants. Under these allocations, the Colorado Ute Tribes would still be approximately 13,000 afy
short of the total quantity of depletion recognized in the Settlement Agreement. The Administration
Proposal, therefore, also includes a non - structural element that would establish and use a water
acquisition fund, which the Colorado Ute Tribes could use over time to acquire water rights on a willing
buyer /seller basis. The water acquisition fund was developed to acquire 13,000 afy of depletion in
addition to the depletions shown in Table ES -1, or for other uses that they may choose.
ES -3