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I \ s~<~;dd-e. al"B1S Vl'a.~:I'!~;""'a',Jp~ M'" ~nl -. OJ pIE 0 ""--- ---' . .t-ep -e SO]O\.U~~...'( ,~ --, S!H r.. n 0 ~ ~)<~ R OVERRUNS Bureau apologizes to Ute tribe for insinuation, 'finger pointing' I- From Page IA before lawyers for two water districts and Colorado's two Ute tribes signed a nondisclo- sure agreement vowing to keep silent publicly on what they know about the overruns. ''A common theme of the discussion was that we should not 'start blaming each other for the cost overruns," Durango Public Works Director Jack Rogers wrote in a memo to City Manager Robert Ledger, "That would only serve to slow down funding or possibil- ity eliminate funding from Congress," wrote Rogers, who attended the meeting, "So, the (area water) districts and the tribes agreed to try to work together to get the bureau to take (the) blame and try to assure that future cost increas- es do not occur." The bureau announced in July that original cost estimates presented to Congress and the public were either "vasUy underestimated" or were sim- ply not considered. The Ute Mountain Ute Tribe had the contract to estimate costs for A,LP, including the Ridges Basi,n Reservoir, a , pumping plant on the Animas River, and a, pipeline connect- ing the two. The tribe hired Chicago-based Harza Con- struction Co. to prepare the estimates. Harza spokes- woman Cheryl Freidling would not say what cost estimates the company gave the tribe. Rogers said this week that he used "a poor choice of words" in the memo. He said he didn't mean to imply that the groups were trying to hide from the public what they knOw. He said the proponents were con- cerned that they would end up having to pay for the increases. "There are some people that would like to pit the non-Indi- an interests against the Indian interests, and the discussion was that that shouldn't hap- pen," Rogers said. "We just did- , ri't want, to get into that ,finger pointing, beH'use it's not going AL-P AT A GLANCE WHAT: The Animas-La Plata Project is a water-diversion and storage project. A plant being built adjacent to the Ani- mas River in Durango will pump an average of 57,100 acre- feet of Animas water uphill each year to a new reservoir two miles west in Ridges Basin, where a dam is being built. The reservoir will store up to ]20,000 acre-feet of water for release into Basin Creek and back to the Animas, as needed, A 29- mile pipeline in New Mexico will deliver A-LP water to the Navajo Nation. WHO BENEF[TS: A federal law passed in ]988 promised Colorado's two Ute tribes a long-term water supply to satisfy their water-rights claims on area streams, thereoy protecting existing water users. Most of A-LP's water will belong to the two tribes. Water districts in La Plata County and San Juan County, N.M., will receive smaller amounts for use by municipalities, including Durango, Farmmgton, Aztec and Bloomfield. The Navajo Nation will receive a smaller amount. The reservoir area will allow recreation, including fishing and camping. WHO PAYS: U.S. taxpayers through annual congressional appropriations, The tribes pay nothing. Non-tribal users will pay for their water. , .. COST: Construction is estimated at $500 mIllion, up 48 percent from earlier estimate of $338 million. TO LEARN MORE: Bureau of Reclamation, (866) 720-0918 or www.us.usbr.gov.click on ALP Project. TO TOUR A-LP' Phone 385-6500., to be productive." The tribes and districts were concerned that the bureau and opponents would try to blame the Ute Mountain Utes for the cost increases, Rogers said. He said a July 31 bureau let- ter to the tribe seemed to be laying blame on the Ute Moun- tain Utes. The bureau, which has already accepted some of the responsibility for the cost increases, later apologized to the tribe. "[ apologize for any 'finger pointing' that may have been perceived," bureau Regional Director Rick Gold wrote in an Aug. [3 letter to Ute Mountain Acting . Chairman ' Harold Cuthair. "That was, not my intent. Reclamation accepts the responsibility for piacing the original estimate in the FSE]5 (final supplemental environmental impact state- ment) without sufficient review" , Ali agreement between the, . bureau and thp. A-I.P :mn thp San Juan water districts calls on the districts to pay a fixed price, for water from the reservoir and "any reasonable and unforeseen" costs in building it. The cost overruns, Rogers said, are unreasonable and should have been anticipated by the bureau. If the bureau takes all the blame for the increase, the proponents would be off the hook for pay- ing for it. The A-LPWater Conservancj District referred calls to iH Denver-based 'lawyer, David Robbins. Robbins, who alsc represents the Southwest Wate, Conservation District. said attorney-client privilege pre- vents him from saying what was discussed at the meeting. The bureau is conducting an internal review of lJhe cost increases. That review is expected to be released later this month. It will be based in part on information from pro- ponents subject to the nondis- closure agreement. The project is a result of an out-of-court settlement in ]986 to bring water to the Ute Mountain, Southern Ute and Navajo tribes. The Animas-La Plata Conservancy District and the San Juan Water Commis- sion also will get a share of the water. Durango' is negotiating to buy about 3,800 acre feet of water from the project. Plant construction began last spring. The Weeminuche Construction AuUlOrity, owned , by the Ute Mountain Ute Tribe, has won noncompetitive con- tracts to build the dam. pipeline and pwnping plant. Sky Ute Sand and Gravel, owned by the Southern Ute Indian Tribe, won a noncom- petitive contract to supply some materials. Charles A!;hby can be reached at ch'asby@dllrangoherald.com. .