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<br />~ <br /> <br />DRAFT -- August 11, 1999 <br /> <br />included future water uses under State permits recognizing rights <br />which may have been only partially exercised. The regulation <br />treats as part of the baseline only those "State or private <br />actions which are contemporaneous with the consultation in <br />process." The States have different ways of accounting for water <br />use in a given stream system, and this in part accounts for the <br />wide variety of ways in which b~selines have been developed. The <br />Working Group recognizes that this will make it difficult to <br />achieve substantial uniformity, but that should not discourage <br />agencies from seeking equitable solutions. <br /> <br />OBJECTIVE #3: <br /> <br />Section 7 consultations should identify options which allow <br />for the future exercise of Indian water rights, while <br />avoiding jeopardy to listed species and adverse modification <br />of critical. habitat. <br /> <br />Recommendation 3.A.: When an agency action requiring a <br />section 7 consultation is proposed for a federal project in a <br />river basin where unexercised Indian water rights exist, a basin- <br />wide Section 7 consultation on multiple federal water projects <br />within the basin should be considered. <br /> <br />EXPLANATION: In certain circumstances a basin-wide consultation <br />could be the only way to address all the impacts of a new project <br />on the species, habitat, and senior unexercised Indian water <br />rights, along with the concerns of all stakeholders. This may be <br />particularly true where multiple tribes have water rights in the <br />same basin. A basin-wide consultation could provide the forum to <br />have all stakeholders participate in developing reasonable and <br />prudent alternatives. Procedures may need to be developed to <br />give necessary structure to such basin-wide consultations. <br /> <br />Recommendation 3.B.: To the maximum extent possible, Fish <br />and Wildlife Service and action agencies should identify <br />reasonable and prudent alternatives which allow for the future <br />exercise of Indian water rights, and should identify those <br />reasonable and prudent alternatives which potentially could <br />impair the future exercise of Indian water rights. <br /> <br />EXPLANATION: Implementation of this Recommendation would be in <br />keeping with the federal trust responsibilities for Indian trust <br />resources, interpreted by Subsection 3(C) (3) (d) of the Appendix <br />to 8.0. 3206. In addition, in ~ccordance with 512 DM 2, the FW8 <br />is to state clearly the rationale for each recommended <br />alternative that may affect Indian trust resources and explain <br /> <br />44 <br /> <br />~- <br />