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<br />COMMENTS ON THE DEIS NAVAJO RESERVOIR OPERATIONS <br />Navajo Nation Department of Water Resources & Department of Justice <br />Page 17 <br /> <br />DEIs overstates various benefits that could accrue under the No <br />Action Alternative. <br /> <br />Comment 48. I1I-1S8. FLOOD CUN/NOL. Impacts Analysis, No Ad lOll <br />Alternative; III-16e. NAVAJO DAI1 OPERATIONS AND I1AIN TENANCE. <br />Impacts Analysis. No Action Alternative; 111-162. SAFETY OF DAI1S <br />Impacts Analysis. No Action Alternative; ETC. <br /> <br />Comment 47 is equally applicable to the analysis of impacts on <br />all other components of described as the Affected Environment in <br />Chapter IlL <br /> <br />ENVIRONMENTAL COMMITMENTS AND MITIGATION MEASURES <br /> <br />Comment 49. IV-I. Environmental Commitments and l1itigation <br />l1easures, Reservoir Operations <br /> <br />The DEIs recognizes that there is some flexibility in <br />reservoir releases. due largely to the fact that NIIP is not fully <br />developed. There is the possibility that this water could be used <br />to mitigate some of the impacts resulting from reservoir operations <br />cons is tent with the P refer red A 1 te rnat i ve. Howeve r, two poi nt s <br />should be emphasi zed. Fi rst. the Navajo Nation should have the <br />ultimate say in how undeveloped Navajo water is to be utilized. <br />And second, mitigation is not legally required: therefore, no <br />entity may require Reclamation to release unused Navajo water as a <br />mitigation measure. Based on the information available at this <br />time. the Preferred Alternative is the only alternative that is <br />legally sustainable, with or without mitigation. <br /> <br />SUMMARY <br /> <br />The DEIs provides an overly conservative analysis of dam <br />operations. The benefits from the Preferred Alternative are <br />consistently undervalued. while costs of the adverse impacts <br />associated from that Alternative are consistently overstated. <br />Nevertheless. the DEIs reaches the only conclusion that is <br />technically, legally, and environmentally defensible - that Navajo <br />Dam must be operated consistent with the Flow Recommendations <br />developed to enhance the habitat for the endangered fish in the San <br />Juan River. Thus. the Preferred Alternative is the only <br />alternative that can pass legal muster under the Endangered Species <br />Act and the Nation Environmental Policy Act. <br /> <br />OOIJGfJ <br />