Laserfiche WebLink
<br />. <br /> <br />DRAFT -- August 11, 1999 <br /> <br />Recommendation 3.E.: When a draft jeopardy opinion is the <br />result of Section 7 consultation for a project which would other- <br />wise enable Indian tribes to exercise their water rights, the <br />participating agencies should take all reasonable steps to <br />provide the resources to enable them to suggest reasonable and <br />prudent alternatives involving the appropriation, purchase, <br />lease, or other form of acquisition or retirement of water rights <br />in the stream system to further the project. Additional <br />consideration should be given to encouraging other water users <br />and the State water authority to become part of a solution <br />process to develop a water supply plan which would reconcile the <br />rights of the Tribe with junior non-Indian water rights and the <br />needs of listed species. This process should include a detailed <br />technical review and discussion of the scientific information <br />relied upon and conclusions drawn therefrom in the draft jeopardy <br />opinion. A viable water supply plan should be an integral part <br />of the reasonable and prudent alternative to avoid 'jeopardy'. <br /> <br />EXPLANATION: This Recommendation suggests that when faced with a <br />draft jeopardy opinion on an Indian water resource project, all <br />stakeholders should be encouraged to explore any and all alterna- <br />tives to develop a water supply plan to provide the necessary <br />water for the endangered species protection while enabling the <br />Indian project to go forward. The acquisition of water rights <br />has been used as a tool to aid in the settlement of Indian water <br />right claims and as a component of RPAs to avoid agency actions <br />jeopardizing listed species. It should also be used when ESA <br />considerations postpone or threaten the exercise of Indian water <br />rights, in addition to exploring all other water supply options <br />that may be available in a stream system. In some cases, these <br />water supply plans may have elements that are not closely <br />associated with the given Indian project. The involvement of <br />more of the stakeholders may prove to broaden the scope of the <br />problem solving and provide a mechanism to find solutions. <br />Careful review of the information relied upon and conclusions <br />drawn may also offer avenues for new thinking and unique solu- <br />tions. We recognize that these efforts are limited by the <br />availability of funds. If all else fails, the opportunity exists <br />to request an exemption from the requirements of Section 7(a) (2), <br />pursuant to Section 7(g). <br /> <br />46 <br /> <br />",c_ <br />