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Page 2 July 30, 1990 The Districts are appalled that the Service in its Draft Biological Opinion concluded "that no reasonable and prudent alternatives have been identified as a result of this [Section 7] consultation [under the Endangered Species Act]" to mitigate the impacts of the Animas-La Plata Project on the Colorado squawfish in the San Juan River. The Districts are disturbed by the political overtones of the Draft Opin- ion. The Service remained completely silent on the San Juan River for eleven years after the Service issued a non-jeopardy Biological Opinion for the Animas-La Plata Project in 1979. Finally, the Districts are concerned about the number of unsubstantiated con- clusions in the Draft Opinion. I. Reasonable and Prudent Alternatives. The Districts believe that the Service shirked its duty in searching for reasonable and prudent alternatives by refusing to allow the hydrologist, Ross Bethel, and biologist, Rich Valdez, hired by the SW District and the Southern Ute and Ute Mountain Ute Indian Tribes (the "Tribes") to participate in the Section 7 Consultation process for the Project. Phase II of the Animas-La Plata Project is to be con- structed with non-federal funds and the Districts and the Tribes will be the primary proponents of Phase II construction. The Code of Federal Regulations regarding the Section 7 consultation process does not preclude the Service from entering into consultation with interest- ed project proponents on a voluntary basis. The Service's failure to identify any reasonable and prudent alterna- tives "as a result of this consultation" could have been avoided had the Service been willing to work with a broader range of scientific opinion. Ross Bethel has proposed a reasonable and prudent alterna- tive which focuses on the modification of the operation of the Navajo Dam to offset the depletions of the Animas-La Plata Project and en- hance flows for the benefit of the fish. Bureau of Reclamation hydrologic studies demonstrate the availability of water to provide flow levels equivalent to those in 1987, which are considered to be good conditions for Colorado squawfish reproduction, five to six out of every ten years. Although water flows for the remining four to five years might not be suitable for spawning, the flows would be sufficient to maintain habitat for juveniles and adults. Under this reasonable and prudent alternative the flow pattern would be similar to that which existed historically. Rich Valdez. the SW District's biological consultant, has indicated that a reasonable and prudent alternative could focus on non-flow alterna- tives as well as Ross Bethel's flow-related scenario. Non-flow alter- natives could include: 1. Improving water quality in the San Juan River sub-basin,