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I Both the Navajo Nation and Jicarilla Apache Tribe concur that resolving the 1938 Settlement through RA4 is in their best long-term interests and have clearly set forth that position in an August 24, 2000 joint letter (including the Southern Ute Indian and Ute Mountain Ute Tribes) to the Department. In light of the benefits ofRA4, the commitments discussed below, and the shared position of the four San Juan River basin tribes, the Department maintains its selection ofRA4 as the best alternative to finalize the 1933 Settlement. IV. Environmentallv Preferred Alternative Both RA4 and RA6 were evaluated again in each environmental impact area and a t"inding of either "Signiticant," "Potentially Significant," or "Less than Significant" was mad~ (see FSEIS table 3.21-1 summarizing signiticance criteria). Under each of these areas, wh~n mitigation is added, RAA did not have any impacts that were consid~red "significant" except for cultural resources and those impacts will be addressed through the Historic Preservation Management Plan (see Technical Appendix 8). This tinding, in conjunction with the finding that RA4 is the least damaging most practicable alternative under the 404(b)(I) of the Clean Water Act (see below), makes RA4 the environmentally preferred alternative. V. Indian Water Ri!!hts Settlement R.A4 would allow the United States to resolve the remaining Colorado Ute water rights claims consistent with the 1933 Settlement but in a much more environmentally responsible manner. RA4 is strongly supported by the Southern Ute Indian and Ute Mountain Ute Tribes. Specifically, RA4 facilitates the following results which are a prerequisite to tinalizing the settlement: . Agreement by the Colorado Ute Tribes, the United States, the State of Colorado and other significant parties to the adjudication that a small offstream reservoir designed to allow an average annualS7, 1 00 acre-feet of depletion, which provides each tribe 19,930 acre-feet per year depletion in conjunction with a water acquisition fund, is sufficient to warrant a waiver of the remaining Colorado Ute Tribes' reserved water rights claims; . A defined and reasonable time frame under which the Colorado Ute Tribes can secure these benefits as construction of the project is scheduled to take 7 years from the time it is commenced, provided availability of appropriations. The water acquisition trust fund will be available to the Tribe within a similar time-frame. The Department is committed to seeking the necessary appropriations to meet the 7 year time-frame; . The parties, through agreement on RA4, could secure an amended final decree from the Colorado District Court, Water Division No.7 which would recognize the Colorado Ute Tribes right to water and associated benefits under this alternative; 11 -. - ----., -~'..