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<br />DRAFT -- August 11, 1999 <br /> <br />* * * <br /> <br />The Working Group focused on development projects for consumptive use of water resources <br /> <br />in the Upper Colorado River Basin to examine the effects of ESA Section 7 requirements on <br /> <br />the exercise of Indian water rights. Because of the complexity of this subject-- and its <br /> <br />importance-- we decided not to attempt to address other Indian water rights issues implicated <br /> <br />by other Sections of the ESA, such as provision for Habitat Conservation Plans in Section 10. <br /> <br />Specifically, this Report and our Recommendations do not address the issue of the non- <br /> <br /> <br />consumptive exercise of Indian water rights in the context of water quality or in-stream flow <br /> <br />rights which support Indian fisheries, fishing rights, cultural or religious uses. These subjects <br /> <br /> <br />involve considerations regarding the existence, scope and exercise of Indian water rights <br /> <br />which are beyond the limited scope of this Report. Also, it is NMFS, an agency of the <br /> <br /> <br />Department of Commerce, which supervises compliance with Section 7 in many situations <br /> <br />where tribal instream flow rights may be affected. NMFS is not represented on this Working <br /> <br /> <br />Group. Thus, our focus has necessarily been on FWS exercise of the Secretary's <br /> <br />responsibilities under Section 7. <br /> <br />* * * <br /> <br />The Secretary's subsequent June 9, 1997, Memorandum directed this Working Group to <br />consult fully with affected Indian tribes; and we were able to take advantage of the July 15, <br />1997, Western Water Issue consultation with tribal leaders at Interior Department headquarters <br />in Washington, D.C., by setting up a separate meeting with interested tribal representatives the <br />next day. The first portion of this Report summarizes the results of our consultation with <br />Indian tribes on July 16, 1997, and thereafter. Supplementing this account are some examples <br />of ESAlIndian Water Rights conflicts in recent years, the most important of which is the Case <br /> <br />6 <br />