Animas-La PLata Project Environmental Impact Statement

CHAPTER 1
INTRODUCTION, PURPOSE OF, AND NEED FOR THE PROJECT
A Section 404(b)(1) Evaluation is included as Attachment B -1 to this FSEIS, in compliance with the
EPA's Section 404(b)(1) requirements under 40 CFR Part 230. This 404(b)(1) Evaluation is in support
of Reclamation's intention to seek Clean Water Act (CWA) compliance through Section 404(r)
provisions which exempt Reclamation from the requirements to obtain a CWA Section 404 Permit from
the U.S. Army Corps of Engineers for construction activities resulting in a discharge of dredged or fill
material into waters of the United States. A letter of concurrence on 404(r) from EPA is also included in
Attachment B -3.
This FSEIS also evaluates the potential environmental impacts associated with the construction and
operation of the structural and non - structural components of the various project alternatives and the
future uses to which ALP Project water may be put. The Administration Proposal does not include any
M &I delivery facilities. As a result, the proposal is very specific when it addresses the impacts
associated with non - conveyance structural components, and is less specific when it evaluates potential
future water uses. These separate components are described in further detail below.
1.4.1 Structural Components
This FSEIS identifies the storage reservoirs, pumping plant, and conveyance facilities that comprise the
ALP Project's structural components relevant for each alternative. These are defined in detail, their
environmental settings and potential environmental "impacts are evaluated, and mitigation measures are
proposed in Chapter 3, Affected Environment and Environmental Consequences.
1.4.2 Non - Structural Components
This FSEIS considers two scenarios under which a fund would be established for the purchase of water
rights and lands within the vicinity of the Southern Ute Indian and Ute Mountain Ute Reservations. One,
as part of the Administration Proposal, would create a water acquisition fund, which the Colorado Ute
Tribes could use over time to acquire water rights for 13,000 afy depletion on a willing buyer /willing
seller basis. The fund, when coupled with the water made available from the modified ALP Project,
would be considered sufficient to allow the Colorado Ute Tribes the quantity of water specified in the
Settlement Act.
Second, as part of the non - structural component of Alternative 6, it is envisioned that a fund for land and
water acquisition would be established that would supply 53,200 afy to the Colorado Ute Tribes. A
dedicated fund would be created from federal and State of Colorado funds, for use at the sole discretion
of the Colorado Ute Tribes to purchase water rights and land from willing sellers over a period of up to
30 years. It should be noted that the non - federal parties of the Settlement Agreement, working with their
congressional representatives, have proposed legislation introduced (H.R. 3112 and S. 2508) in response
to the Administration Proposal and the ongoing NEPA process. The legislation is expected to modify the .
Settlement Act and eliminate the irrigation component and provide funds for acquisition of water rights
and water- related economic development. .
This FSEIS inventories the available land and associated water rights in the McElmo Creek and Mancos,
La Plata, Animas, Florida, and Pine River drainages in the vicinity of the two reservations. Land values,
seniority of water rights, parcel sizes, and other factors were evaluated to develop a realistic picture of
the potential acquisition of land and direct flow water rights. Representative areas were identified in
order to develop an analysis of the range of likely non - structural component options that might be made
by one or more of the water users in the future. Finally, as part of the non - structural analysis, the
1.4 OBJECTIVES OF THIS FINAL SUPPLEMENTAL
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ENVIRONMENTAL IMPACT STATEMENT