WSP03571 - Laserfiche WebLink

Home Browse Search

. Waiver of reserved water rights claims by the Colorado Ute Tribes and the United States, as trustee, once RA4 is implemented. As stated earlier, the Department cannot commence full implementation ofRA4 absent legislation amending the 1938 Settlement Act. Once authorized, the Department will work with the Colorado Ute Tribes and other affected interests to finalize a settlement which is consistent with RA4. This activity will include securing an amended decree; developing the necessary repayment agreements; I and proceeding with project construction. VI. Imolementin!! the Decision and Environmental Commitments A. Environmental Commitments The Department has used all practical means to avoid impacts or minimize environmental harm that could occur due to implementation of R.<\4. These mitigation measures are discussed in chapters 3 & 4 of the FSEIS and the Department commits to implementing these measures in chapter 5. These commitments are included as Appendix 2 to this ROD. B. Commitments Specific to Indian Trust Assets/Environmental Justice Water development in the San Juan River basin is an extremely complicated matter. It involves endangered species issues; the rights of several Indian tribes; and the "Law of the Colorado River." As noted earlier, there is concern that R.<\4 could negatively affect the water supply presently available for the Navajo Nation and Jicarilla Apache Tribe. The Department believes that a multi- faceted approach to water supply issues in the San Juan Basin with an emphasis on recovery of the species along with enhanced water management will assist in minimizing obstacles to future tribal water development. Accordingly, the Department will engage in the following: . Continue active participation in the San Juan River Basin Recovery Implementation Program to promote the dual goals 0 f recovery 0 f endangered species and water development in the basin. The SJRBRIP is key to facilitating additional water development by the Navajo Nation and the Jicarilla Apache Tribe. Reclamation's participation includes: 'The FSEIS also includes a preliminary cost allocation which assigns project construction and annual operation and maintenance costs to the entities that will be receiving benefits from the implementation of RA4 (see Appendix L in the FSEIS). This proposed cost allocation is based on current Administration policy and does not have the force of law absent express Congressional approval. If there is no express Congressional action turning Administration policy into law, cost allocations will be controlled by the original project authorization - the Colorado River Storage Project Act. 12 _ ~*_ .-,. i