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<br />beneficial use outside its reservation shall be "... subject to and not inconsistent with... State law, <br />any applicable Federal law ..." and shall not "... amend, construe, supersede, or preempt any Federal <br />law, interstate compact, ... including the appropriation, use, development, storage, regulation, <br />allocation, ..' of those waters." Further, section II of the Act states that nothing in the Act "... shall <br />be construed to alter, amend, repeal, construe, interpret, modifY, or be in conflict with the provisions <br />of the ... Colorado River Storage Project Act...; the Colorado River Basin Project Act...; the Act of <br />June 13, 1962 ...; the Colorado River Compact ...; the Upper Colorado River Basin Compact ..." <br />Consistent with this language, Public Law 102-441 did not alter the authorized purposes of the <br />Navajo Unit. Water stored in or regulated by Navajo Reservoir is available to the Jicarilla Apache <br />Tribe for irrigation, municipal, domestic and industrial uses. Tribal water rights may be a <br />distinguishable type of water right, but it is not a separate purpose of use. For example, the Navajo <br />Indian Irrigation Project may be included in a water rights settlement for the Navajo Nation, but the <br />purpose of use for the project is irrigation. <br /> <br />In consideration of the above, it is suggested that Table I-I be restructured into a summary paragraph <br />of text as follows. Delete in line 266 "Authorized purposes are", delete lines 267-284, and insert in <br />lieu thereof: "Pursuant to the CRSP Act which authorized the Navajo Unit, Navajo Dam and <br />Reservoir is to provide regulation of the flow of the San Juan River to make it possible for Upper <br />Basin states to consistently utilize their Upper Colorado River Basin Compact apportionments. To <br />the extent that regulation of the San Juan River is required for compliance of the Upper Basin with <br />the requirement under the Colorado River Compact to deliver certain quantities of water at Lee Ferry <br />and for compliance of Navajo Dam operations with the Endangered Species Act, Navajo Dam may <br />provide such regulation so as to continue to make it possible for the states to develop and use their <br />compact apportionments, including to complete the Navajo Indian Irrigation Project and to develop <br />the Animas-La Plata Project as modified by the Colorado Ute Indian Water Rights Amendments of <br />2000. While Navajo Reservoir is a water supply reservoir, flood control also is an authorized <br />purpose of the Navajo Unit that is compatible with the water supply purposes. In addition, the <br />Navajo Unit provides the benefits of desilting, recreation, fish and wildlife, and generation of <br />hydroelectric power that are incidental to its primary river regulation, water supply and flood control <br />purposes. " <br /> <br />lfsuch a summary paragraph does not suflice for Reclamation, then Table I-I needs to be corrected <br />to identifY and segregate authorized purposes and incidental benefits, and needs to be expanded <br />greatly to include quotes of large amounts of legislation to show precisely what was authorized by <br />certain laws and how those laws may relate to alleged purposes or benefits of the Navajo Unit. <br />Alternatively, laws and policies supporting the provision of, or mitigation of adverse impacts to, <br />incidental environmental benefits could be listed under environmental laws at lines 296-306. <br /> <br />Line 346. Add the dates and locations for the public hearings on the DEIS. <br /> <br />Line 374. Replace "considered" with "fonnulated", and delete "further". The decommissioning and <br />breaching of Navajo Dam was an alternative that was formulated based on public input, but it did <br />not receive serious consideration because it does not meet the purpose and need and is not within <br />the scope of the ADEIS. <br /> <br />12 <br />