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Page 6 July 30, 1990 Rich Valdez has also concluded that historical records do not allow biologists to make any inferences regarding historical population levels of Colorado squawfish in the San Juan River. The Districts are concerned whether the Upper San Juan River was ever warm enough to support extensive Colorado squawfish reproduction and whether the River now provides suitable squawfish habitat. IV. Failure of the Service to Act from 1979-1990. I f the Service's 1990 Draft Opinion is correct and the determination of the Service 1979 non-jeopardy opinion for the Animas-La Plata Project was erroneous, the Service was remiss in not having addressed Colorado squawfish problems on the San Juan River at that earlier date. Since 1979, when the Service issued its non-jeopardy opinion, the Department of the Interior has been an active participant in all phases of the work forwarding the progress of the Animas-La Plata Project. The Department was a signatory of both the Project's Cost Sharing Agreement signed on June 30, 1986 and the Colorado Ute I ndian Water Rights Final Settlement Agreement dated December 10. 1986. The Department actively assisted in the passage of Public Law 10-585, which implements the Final Settlement Agreement. The De- partment has been active in the development of the Consent Decree being presented to District Court, Water Division 7, to settle the Colorado Ute Indian Tribes' water rights cases. The Service sat by and allowed eleven years of intensive negotiations to go forward involving representatives of the State of Colorado, the Colorado Water Resources and Power Development Authority, the Colorado Water Conservation Board, the Animas-La Plata Water Conservancy District, the New Mexico Interstate Streams Commission, Montezuma County, the Southern Ute Indian Tribe. the Ute Mountain Ute Indian Tribe and the San Juan (New Mexico) Water Commission. Then. just as the groundbreaking ceremony for the Animas-La Plata Project was scheduled, the Service issued its Draft Opinion delaying essential Project activity. The Districts are dismayed that the Draft Opinion seems to reflect a Service agenda other than the protection of the Colorado squawfish in the San Juan River. Pending finalization of the Service's draft opinion. a considerable amount of good faith effort has been expended bringing together many interested parties and bringing forward much vital information. The Districts stand ready to continue such efforts. A determination by the Service that reasonable and prudent alternatives exist would be a show of good faith. Reaffirming a jeopardy opinion with no reasonable and prudent alternatives would leave the decision on the