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<br />Policy te de'lelep and implement theBe preceaureB. At a minimum, the Service '.',ill
<br />notify the TribeB and BI.^. of requeBtB to initiate f.ormal conBultation. Further, the
<br />Service will inferm conBulting federal agencies of their trust responsibilitieB and
<br />encourage those agenoies to fulfill those respOflBibilitieB to the Nati':e American
<br />tribes taat may be affeoted by the proposed action. Seeti8n 7 e6llSHltllti8HS i.'f
<br />tlee6_~lViee uwh 1.',es8 p:WeeRII:FeS will iHelutie f!fJ:1'fJ1ifl.:veI! uw.~ lJepsHHu!.",t 9/' the [RtMsF
<br />S8e.-eta:~itd O:'1Re..a Jl(}~, .1M:'!! $,1997 }1egll.~ ..~'t",iWiee."f ?RdiEfH T,ilJffl ~~g.ffM, ...vedeRl T,ilJal
<br />Trll8t ReSfJ81tsiIJilHies, &Nil t.~e E:ftltmg&~ Spseies ~ 'tel
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<br />The reservations of four federally recognized Indian tribes are located within the basin. The four
<br />tribes have reserved water rights under federal law, most of which have not been quantified, to
<br />provide water to the reservations for use as a permanent homelands, The Secretary of the Interior
<br />has a trust responsibility to assert and protect the trust water resources oj the tribes,
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<br />With regard to three of the four tribes, there currently are specific federal plans for the partial
<br />development of tribal water resources, Under the Act of June 13,1962, 76 Stat, 96, Congress
<br />authorized, among other things, the construction of NIIP to benefit the Navajo Nation, Based
<br />on congressional actions, six of the NIIP's 11 blocks have been fully constructed and Blocks 7
<br />and 8 are currently under construction, Congress has consistently provided annual
<br />appropriations for NIIP's completion,
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<br />On June 30, 1986, the Under Secretary of the Interior signed an agreement which established the
<br />principles for settlement of the reserved water right claims of the Southern Utes and Ute
<br />Mountain Utes and the financial arrangements for the settlement and for the construction of
<br />ALP, The nonfederal cost sharing commitments contained in the agreement were in satisfaction
<br />of the cost sharing requirements of chapter IV of Public Law 99-88,99 Stal." 293, 319-320, This
<br />agreement provided the basis for the Colorado Ute Indian Water Rights Final SeUlement
<br />Agreement, dated December 10, 1986 ("SeUlement Agreement''), which contemplates delivery of
<br />the tribes' full water supply from the Animas-La Plata Project by the year 2000, The SeUlement
<br />Agreement was endorsed by Congress in the Colorado Ute Indian Water Rights Settlement Act
<br />of 1988, 102 Stat. 2973, ("Settlement Act'') and initial appropriaiiims.have been made by
<br />Congress,
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<br />The Jicarilla Apache Tribe and the United States have been engaged in lengthy litigation to
<br />establish the quantities of water to which the tribe is entitled. Recently, in accordance with
<br />federal policy, the tribe has participated in extensive negotiations to resolve the issues
<br />surrounding the full extent of its water rights, The Department of the Interior has been a key
<br />participant in those discussions which have focused on providing the tribe with a water supply
<br />from the Basin,
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<br />The Department of the Interior intends to use its authority to the fullest extent possible to preserve
<br />and protect the water resources of the tribes in the Basin, A goal of the ImpkHlMlflti9lt Program
<br />is to conserve the listedftsh in the Basin while meeting the Department's trust responsibilities to
<br />the tribes,
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