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<br />
<br />V. Discussion
<br />
<br />A. General
<br />
<br />Development, operation and maintenance of the Closed Basin Division will
<br />result in adverse effects in varying degrees to existing fisheries, wetlands,
<br />vegetation, waterfowl production, other water bird use and various existing
<br />structures. The adverse effects are compensated by the following mitigation
<br />plan as detailed below and summarized in Table 7.
<br />
<br />1. Mitigation
<br />
<br />a. Water Delivery (Public Law 92-514)
<br />
<br />Two opinions, (FS 1979 and FS 1980) of the Field Solicitor concluded that the
<br />intent of Section 104 of the authorizing act assumed proportional delivery of
<br />project water. Therefore, during the period in which the Fish and Wildlife
<br />Service was coordinating the revised mitigation plan with BR, CDW and BLM, n
<br />the concept of proportional water deliveries and concurrent mitigation of 8
<br />project effects was used. Alamosa NWR and Blanca WHA would receive pro-
<br />portional deliveries of water even though 60,000 acre-feet per year was not
<br />being delivered to the Rio Grande. Table 7 gives the environmental effects ~
<br />of constructing and operating the project with proportional deliveries
<br />(sharing shortages) and concurrent mitigation.
<br />
<br />However, an opinion dated December 16, 1981 signed by the Associate Solicitor,
<br />Division of Energy and Resources, reversed the previous opinions by stating
<br />that 60,000 acre-feet per year must be delivered to the Rio Grande before any
<br />mitigation water (project water) can be delivered to Alamosa NWR and Blanca WHA.
<br />Without proportional deliveries, no water would be delivered for mitigation
<br />until the latter part of Stage 4. Thus, the mitigation projected to be
<br />accomplished in Stages 1-2 and 3, as shown in Table 7, would be delayed until
<br />the latter part of Stage 4. a
<br />
<br />b. Fishery
<br />
<br />(1) Blanca Wildlife Management Area - The 5,251 pounds of
<br />trout production and the 1,050 fishermen days use lost in the Blanca WHA would
<br />be replaced with 113.5 acre-feet of water annually. The 113.5 acre-feet of
<br />water would be transferred to BLM (Blanca WHA) in the transfer of the acquired
<br />West 1/2 Section 4, Township 38 North, Range 12 East with appurtenant artesian
<br />water rights.
<br />
<br />r
<br />L
<br />
<br />c. Wetlands
<br />
<br />(1) Mitigation Policy - Approximately 8,460 acres of various
<br />wetland types will be affected by construction of the conveyance channel (5,026
<br />acres) and water table drawdown due to project pumping (3,434 acres). Based,on
<br />recent mitigation policy rulemaking as published in Federal Rezister, September 9,
<br />1980 (vol. 45 No. 176) and Federal Register, January 23, 1981 vol. 46. No. 15) .
<br />it has been determined that the affected wetlands are "Resource Category 2"
<br />wetlands.
<br />
<br />18
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