Laserfiche WebLink
<br />f <br /> <br />~ <br /> <br />Page 2 <br /> <br />1. When federal agencies playa role in developing water resources in river basins <br />where tribes hold water rights, the agencies should consider the effect on Indian water <br />rights early in the process. <br /> <br />l.A. The Secretary should ask the Interagency Working Group on Environmental <br />Justice to direct federal agencies to take into account the effect their actions on western <br />stream systems will have on the exercise ofIndian water rights. <br /> <br />I.B. The Secretary should ask the Council on Environmental Quality to amend its <br />NEP A guidance to direct federal agencies to consider the direct and indirect effects of <br />proposed actions on Indian water rights and include in their EISs alternatives that <br />minimize adverse impacts. <br /> <br />I.e. Section 7 consultations on proposed or existing water projects should take into <br />account the potential exercise of senior water rights, including senior Indian water <br />rights. <br /> <br />l.D. FWS should expedite implementation ofS,O. 3206. <br /> <br />2. Environmental baselines should address the future exercise ofIndian water rights. <br /> <br />2.A. The environmental baseline used in S 7 consultations should include decreed <br />Indian water rights, Indian water rights confirmed by a federal settlement act, and Indian <br />water rights otherwise fully or partially quantified by an act of Congress. <br /> <br />2.B. Biological opinions that may affect the future exerCise of senior water rights, <br />including unadjudicated Indian water rights, should include a statement that (1) the <br />project proponent assumes the risk that the future development of senior water rights may <br />result in a physical or legal shortage of water due to the priority system or the ESA and <br />(2) the FWS can request reinitiation of consultation on junior projects when an agency <br />requests consultation on senior Indian projects. <br /> <br />2.C. Biological opinions should request federal agencies to retain reinintiation <br />authority if consultation is initiated on any other federal action which would allow the <br />exercise of a senior right, including a senior Indian water right, in the same basin, <br /> <br />2.D. When consultation is reinitiated under 2,C., the baseline should include the <br />senior water right and the project proponent should be required to demonstrate how its <br />project can be operated consistent with the ESA without injuring senior water rights, <br />including senior Indian water rights. <br /> <br />2.E, Environmental baselines should be based on uniform and equitable standards, <br />