Animas- La Plata Environmental Impact Statement

4
Record of Decision
Animas -La Plata Project /Colorado Ute Indian Water Rights Settlement
United States Department of the Interior
Bureau of Reclamation
I. Introduction
In 1988, Congress enacted the Colorado Ute Indian Water Rights Settlement Act of 1988 (1988
Settlement). In committing the United States to this settlement, Congress agreed that resolution of
the Colorado Ute Tribes' water rights claims would be accomplished by building a large water
project to supply water to the Colorado Ute Tribes —the Animas -La Plata Project (ALP). In addition
to satisfying the Tribal water needs to effectuate a settlement, however, the original ALP was sized
to provide a significant new water supply for agricultural and municipal use.
The 1988 Settlement has not been implemented. Specifically, the original project was not
constructed because this Department, and many other parties, raised serious concerns regarding the
environmental consequences of building the project. These consequences included a large diversion
from the Animas River which would violate Endangered Species Act (ESA) requirements and water
quality impacts associated with a major new non -Indian irrigation project in the Four Corners region.
Although the original ALP raised serious environmental issues, the Department of the Interior has
recognized the imperative of fulfilling the water rights of the Southern Ute Indian and Ute Mountain
Ute Tribes. The United States has a trust responsibility to seek final resolution of the tribal water
rights. In addition, failure to resolve the Colorado Ute Tribe's water rights has the potential to
destabilize the exercise of water rights by junior, non -Indian water rights holders in Colorado and
New Mexico.
Accordingly, in 1998, the Department recommended construction of a substantially scaled -down
ALP that was designed to satisfy the Colorado Ute Tribes' water rights. The proposal down -sized
the project to comply with ESA requirements. It excluded non -Indian irrigation systems to address
water quality concerns. In addition, the Department called for the completion of a supplemental
environmental review of the smaller ALP along with potential non - structural alternatives that were
being proposed to implement the Colorado Ute Tribes' water rights settlement. This review would
ensure full compliance with the National Environmental Policy Act (NEPA) and provide decision -
makers a sound basis for making a final decision.
The supplemental environmental review has been completed. The Department is now prepared to
issue a Record of Decision (ROD) in this matter, and it is doing so through this document. As
explained in detail below, the Department is selecting Refined Alternative 4 (RA4), which is the
environmentally preferred alternative, to implement the 1988 Settlement. It primarily consists of a
down -sized project that focuses on providing the Colorado Ute Tribes an assured water supply.