Animas-La PLata Project Environmental Impact Statement

CHAPTER1
INTRODUCTION, PURPOSE OF, AND NEED FOR THE PROJECT
rights in the region. In the absence of the Settlement Act, development of senior Colorado Ute Tribal
water rights claims could adversely impact non - Colorado Ute Tribal water rights and users, including
cities, municipalities, federal land management agencies, and recreation uses throughout southwestern
Colorado and northwest New Mexico.
The Settlement Act requires delivery of ALP Project water to the Colorado Ute Tribes by
January 1, 2000, to avoid future litigation or renegotiation of Tribal water rights claims. If a project is
not approved, or implementation is delayed, the Colorado Ute Tribes have the option of commencing
litigation or renegotiating their reserved water rights claims by January 1, 2005.
Table 1 -1 displays the provisions of the Settlement Act in terms of (1) the specific water right the
Colorado Ute Tribes received; (2) the source of water to fulfill that right; and (3) the purpose to which
the water would be put. The Settlement Act provides that when such water supplies are identified for a
particular use, such use could be changed. Table 1 -1 identifies water supplies for the Colorado Ute
Tribes from the ALP Project, as well as three other Reclamation storage facilities, namely the Dolores,
Florida, and Pine River Projects. The table also identifies water supplies for the Colorado Ute Tribes
from the Navajo Wash; McElmo, Devil, Round Meadow, Cat and Stollsteimer Creeks; the Mancos, San
Juan, Pine, and Piedra Rivers; and other sources. Development of water in McPhee Reservoir, a feature
of the Dolores Project, and the construction of the Towaoc - Highline Canal were addressed in the Final
Environmental Statement for the Dolores Project (INT FES 77 -12) and the FSFES for the Dolores
Project ( FSFES 89 -10).
The August 11, 1998 Administration Proposal for Final Implementation of the Colorado Ute Water
Rights Settlement (Administration Proposal) was developed after a review of the Settlement Act
requirements, the limitations imposed on depletion by the 1996 Biological Opinion, and a consideration
of the alternatives generated during the Romer - Schoettler process. As a result, the Administration
Proposal includes both structural and non - structural elements designed to achieve the fundamental
purpose of securing the Colorado Ute Tribes an assured water supply in satisfaction of their water rights
as determined by the 1986 Settlement Agreement and the 1988 Settlement Act to provide for identified
M &I water needs in the ALP Project area. The Administration Proposal also addresses environmental
and cost concerns relating to the ALP Project by restricting the project to construction of a defined
number of facilities centered on a down -sized storage facility limited primarily to M &I water uses (no
irrigation water would be allowed). Other previously contemplated project features (i.e., agriculture -
related) would be deauthorized under the Administration Proposal. A substantial portion of the costs of
the proposal are anticipated to be non - reimbursable to the United States. Costs of facilities, or portions
of facilities, that would be utilized by non - Indian project beneficiaries are expected to be fully
reimbursed by those parties.
The Administration Proposal for a project with both structural and non - structural components would:
❑ Provide for the construction of a reduced storage facility at Ridges Basin to supply a portion of
the Colorado Ute Tribes' water supply described in the Settlement Act, and to provide limited
M &I supplies for other ALP Project beneficiaries.
❑ Provide that water stored at Ridges Basin would be used primarily for M &I purposes with no
irrigation uses authorized.
1 -5 1.2 PROJECT HISTORY