WSP02775

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 10/25/1991
• Title: Final Biological Opinion - 1991
• Water Supply Pro - Doc Type: Biological Opinion

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MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the UNITED STATES OF
AMERICA, represented by the FISH AND WILDLIFE SERVICE (SERVICE), BUREAU OF
RECLAMATION (RECLAMATION), and BUREAU OF INOIAN AFFAIRS (INDIAN AFFAIRS); the
STATE OF COLORADO (COLORADO); the STATE OF NEW MEXICO (NEW MEXICO); the STATE
OF UTAH (UTAH); the NAVAJO NATION (NAVAJOS); the SOUTHERN UTE INDIAN TRIBE
(SOUTHERN UTES); the UTE MOUNTAIN UTE INDIAN TRIBE (UTE MOUNTAIN UTES); and the
JICARILLA APACHE TRIBE (JICARILLAS).

The Service is preparing a biological opinion for the Animas-La Plata Project
(ALP) that contains a reasonable and prudent alternative which provides for
construction of an initial portion of the project without the likelihood of
jeopardizing the continued existence of the listed fish species (listed fish).
Important elements of the reasonable and prudent alternative are: 1) that
Navajo Dam will be operated to provide reservoir storage releases for the
benefit of listed fish; 2) those releases must be legally protected to and
through the listed fish's habitat and 3) there will be a binding agreement that
the appropriate parties will complete development of a Recovery Implementation
Program (the Program) for the San Juan River Basin (Basin) within one year.
New Mexico, Colorado, Utah and the Navajos will provide protection for the
storage releases, within their respective legal authorities; the protection of
the releases is a prerequisite to the legal viability of the reasonable and
prudent alternative.

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I. INTRODUCTION

The parties agree to develop and sign an agreement to initiate the Program for
the Basin. The goals of the Program are:

1. To conserve populations of Colorado squawfish and razorback
sucxer in the Basin consistent with the recovery goals established
under the Endangered Species Act, 16 U.S.C. 1531 et seq.

2. To proceed with water development in the Basin in compliance with
federal and state laws, interstate compacts, Supreme Court decrees,
and Federal trust responsibilities to the Southern Utes, Ute Mountain
Utes, Jicarillas and the Navajos.

II. PURPOSE

The purpose of this MOU is for the parties to: 1) agree to actions necessary
to carry out the above mentioned elements of the reasonable and prudent
alternative in the biological opinion for the ALP; and 2) agree on concepts and
procedures necessary to continue good faith efforts to develop and sign an
agreement to initiate the Program within one year, which will address trust
responsibilities and water development in the Basin within the context of the
subject matter of this MOU.