Animas-La PLata Project Environmental Impact Statement

Chapter 1
Introduction, Purpose Of and Need For The Project
1.1 INTRODUCTION
The Department of the Interior (Interior), through the Bureau of Reclamation (Reclamation) and in
cooperation with the United States Environmental Protection Agency (EPA) and the Ute Mountain Ute
Tribe and the Southern Ute Indian Tribe (Colorado Ute Tribes), has prepared this Final Supplemental
Environmental Impact Statement ( FSEIS). This FSEIS is prepared under the provisions of Public Law
(P.L.) 93 -638, the Indian Self - Determination and Education Assistance Act. It evaluates the potential
impacts of implementing the Colorado Ute Indian Water Rights Settlement Act of 1988 (P.L. 100 -585)
(Settlement Act). The Settlement Act (see Attachment A in Volume 2 of this FSEIS), through
construction of the Animas -La Plata Project (ALP Project), intended to provide the Colorado Ute Tribes
an assured long -term water supply in order to satisfy the Colorado Ute Tribes' senior water rights claims.
Reclamation is now proposing to develop a modified ALP Project in southwestern Colorado and
northwestern New Mexico for the purpose of finally implementing the Settlement Act. Map 1 -1 shows
the ALP Project area.
The ALP Project has been the subject of public interest and environmental review since it was authorized
by the Colorado River Basin Project Act of 1968 (P.L. 90 -537) and later incorporated into the Settlement
Act. The ALP Project is a participating project under the Colorado River Storage Project Act and
utilizes part of the streamflows allocated to Colorado and New Mexico by the Colorado River Compact
of 1922 (P.L. 84 -485) and the Upper Colorado River Basin Compact of 1948. These two compacts
allocate water for development in the Colorado River Basin.
Reclamation, in compliance with the National Environmental Policy Act (NEPA), prepared a Final
Environmental Statement (INT FES 80 -18) for the ALP Project (1980 FES) in 1980 (Reclamation 1980),
a Draft Supplement to the 1980 Final Environmental Statement (DFSFES) in 1992 (Reclamation 1992),
and a Final Supplement to the Final Environmental Statement in 1996 (1996 FSFES) (Reclamation
1996). The proposed ALP Project described in the 1996 FSFES continued to generate controversy. As a
result, then Colorado Governor Roy Romer and Lt. Governor Gail Schoettler convened both supporters
and opponents of the ALP Project in an attempt to address unresolved issues and gain consensus on an
alternative to the original project (Romer - Schoettler process), which would satisfy the Indian water rights
confirmed by the Settlement Act.
As a result of the Romer - Schoettler process, a new structural and non - structural alternative evolved in
August 1997. Under the structural alternative, called the Animas -La Plata Reconciliation Plan, the initial
stage of the project as described in the 1996 FSFES would be constructed, including a proposed reservoir
at Ridges Basin (near the City of Durango) that would store water from the Animas River. The reservoir
was sized to provide amounts of water in excess of the depletions currently allowed under the existing
Biological Opinion issued by the U.S. Fish and Wildlife Service (Service) in compliance with the
Endangered Species Act (ESA).' The non - structural alternative, referred to as the Animas River
'The Service prepared a Biological Opinion on the project in 1996 and updated that opinion in 2000 (Service
2000a). The 2000 Biological Opinion is included in Volume 2, Attachment G of this FSEIS. Information in this
FSEIS is based on the 1999 Biological Assessment (Service 1999), informal consultation with the Service, and
information and recommendations in the 2000 Biological Opinion.
1-1 1.1 INTRODUCTION