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of viability for irrigation districts and the proposed transfers could easily lead to the demise of agriculture. How 8Je these costs accounted for ill the alternative? What safeguard can be appli~ to avoid this outcome? 18. To fadlltate and preserve lone-term options, water rights acquired under the Fund should be exempted !'rom c1alms of abandonment under Colorado water law. a. Why would the State of Colorado or other water users in the affected river basins want to ~e to this? 19. On pages 8 and 9 of the Conceptual Alternative, under the heading "Benefits: is the statement that this alternative proposal has a number of substantial benefits, including Provides the TrIbes with _ter rights and "wet water" on tribal lands. a. Does the Conceptual Alternative contemplate that the Tribes will waive their water rights claims for state water rights of unknown priorities and unla10wn yield? If so, when would the waiver become effective? ~es the finality of adjudications and settlements on water courses crossing the re&en'atlons. b. How can the Conceptual Alternative preserve or effect settlements until the Tribes have been provided water equivalent to that which they would have received from the Animas-La Plata Project under the Colorado Ute Indian Water Rights Settlement Agreement? AYOlds new project c:onstruc:Uon. c. Without storage to provide the municipal and industrial water the Tribes would have received under the Animas-La Plata Project, how will the Conceptual Altemative avoid new project construction? 20. Who will be responsible for: a. repayment of capital costs associated with the delivery of water for New Mexico entities? b. redevelopment of distributioD system to deliver the San Juan Water Supply to the upper area of the Animas River? (Existing diversions are on the Animas) e. operation and maintenance costs associated with delivery and storage in Navajo Lake? d. evaporation depletions created in a lake with a greater surface area? e. allocation of water supply? 21. How will the resources of New Mexico be developed and accounted for? Can New Mexico develop its compact allocations, or are we to lose the allocation granted in the Compacts? 22. What will be required to comply with NEPA, and how will other mitigation be accomplished? At whose cost? 23. Will the opponents agree to not oppose the necessary construction? Will they facilitate any legislation required? 24. What is the timing for construction of the facilities to deliver the water needed in the upper reaches of San Juan County? 8 vl/60'd 8S0V 998 ~0~ 1 S3J~OS3~ l~~nl~N ~O ld30 CS:91 ~661-~1-1JO