C150307 Final Supplimental Impact Statement

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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), M1 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 r '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