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<br />SUPERFlOO> <br /> <br />teJ UU.J <br /> <br />EP A encourages the Department to prioritize construction of Indian water projects in the <br />San Juan Basin based on currently uMlet public health water supply needs. The completion of the <br />Navajo-Gallup Project water line will arguably be more difficult and less certain with construction <br />of the ALP Project. Either Project alternative could have unfortunate consequences to the Navajo <br />Nation or the Jicarilla-Apache Tribe, both of which, like the Colorado USES, depend upon water <br />in the San Juan River Basin. Water depletions associated with future Navajo Nation or Iicarilla- <br />Apache Tribe projects could result in jeopardy to endangered fish unless circumstances change. <br /> <br />In light of these concerns, we suggest that the Department consider measures to allow the <br />Colorado Ute Tribes to market their water to downstream Indian Tribes in New Mexico. While <br />downstream water marketing may require legislative authorization, such action may be able to <br />fulfill both the water rights of the Colorado Ute Tribes and the unmet needs of the downstream <br />Tribes without interfering with the instream :Bows that the native fish need to survive. <br /> <br />Additionally, the Department should consider developing strategies for allocating water <br />among all San Juan River Basin users of federal facilities in the event of a shortage for fish flows. <br />A potential strategy could include sharing any water supply shortage among all federal project <br />beneficiaries in the Basin including the ALP Project, A basin-wide shortage obligation for all <br />federal projects including the ALP Project would avoid placing this burden solely on future <br />projects proposed by the Jicarilla-Apache Tribe or the Navajo Nation. <br /> <br />EP A appreciates the constructive working relationship we have had with the BOR and <br />Department of Interior during the review of the modified ALP project, and we hope that our <br />suggestions will be useful to the Department as it carnes out its trust responsibilities. Should you <br />or your staff have questions concerning the EPA's comments, please contact me at 303-312-6308 <br />or Max Dodson, Assistant Regional Administrator for Ecosystems Protection and Remediation, at <br />303-312-6598, <br /> <br />Sincerely, <br /> <br />0<1l'o~ w. ~~ <br /> <br />Rebecca W. Hanmer <br />Acting Regional Administrator <br /> <br />cc: Pat Schumacher, BOR <br />Stanley Pollack, Navajo Nation <br />Dan Israel, Ute Mountain Ute Tribe <br />Scott McElroy, Southern Ute Tribe <br />JessicaR. Aberly, Jicarilla-Apache Tribe-' <br /> <br />3 <br />