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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />BACKGROUND <br /> <br />In 1992, a San Juan River Recovery Implementation Program was initiated with goals <br /> <br /> <br />directed at the recovery of the endangered fish in the San Juan River while providing for <br /> <br /> <br />the continuation of legislatively mandated water development in the Basin. This program <br /> <br /> <br />supports implementation of the RP A and will allow Reclamation to initiate construction of <br /> <br /> <br />ALP features while the endangered fish recovery program is being conducted. <br /> <br />As noted earlier, failure to construct ALP as designed could impact final decrees entered in <br /> <br /> <br />the Indian water rights cases in Colorado District Court for Water Division No.7 on <br /> <br /> <br />December 19, 1991. Relying upon the provisions of the Cost Sharing Agreement and the <br /> <br /> <br />Settlement Agreement, which called for construction of ALP, the Southern Ute and the Ute <br /> <br /> <br />Mountain Ute Indian Tribes agreed to settle their water rights claims on other streams that <br /> <br /> <br />cross their Reservations. Based on federal government promises, both Indian Tribes agreed <br /> <br /> <br />to adjust their senior water right claims on many streams that cross their Reservations, in <br /> <br /> <br />exchange for the federal government constructing ALP and the Dolores Project. Failure of <br /> <br /> <br />the United States to fulfill its commitments under the Agreements creates a potential liability <br /> <br /> <br />to the United States and to third parties of millions of dollars of litigation expenses and the <br /> <br /> <br />loss of economic wealth depended upon the waters from the Animas and La Plata Rivers. <br /> <br />PLAN OF DEVELOPMENT <br /> <br />ALP would utilize the flows of the Animas and La Plata Rivers for irrigation and municipal <br />and industrial uses. The principal features of the Project are shown in on the map. In <br />accordance with the Cost Sharing Agreement and the Settlement Agreements, the Project <br />would be constructed in two phases. The entire Project will provide for either full or <br />supplemental service to a total irrigated acreage in Colorado of 58,900 acres and in New <br />Mexico of 8,560 acres (Table 2.1). The Project will also provide a new municipal and <br />industrial (M&I) water supply of 7,600 acre-feet per year for the Navajo Tribe; 6,000 acre-feet <br />per year for the Ute Mountain Ute Tribe; and 26,500 acre-feet per year for the Southern Ute <br />Tribe. M&I water of 9,200 acre-feet per year would also be provided for Colorado non- <br />Indian users in the city of Durango and adjacent rural areas. Another 30,800 acre-feet per <br />year of M&I water are provided for New Mexico communities and rural areas. A summary <br />of the entire Project water supply is shown in Table 2.2. <br /> <br />2-5 <br />