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<br />Federal Register/Vol. 64, No. 1/Monday, January 4, 1999/Notices
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<br />177
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<br />designed to supply municipal and
<br />industrial water to the Colorado Ute
<br />Tribes. Navajo Nation. and non-Indian
<br />entities in the local area. This modified
<br />project deviates from those previously
<br />evaluated for ALP. thus necessitating
<br />the need for supplemental
<br />environmental review. The proposal
<br />also contains a non-structural element
<br />as part of the settlement implementation
<br />which has not been the subject of any
<br />previous analysis under NEP A.
<br />Reclamation Invites other federal
<br />agencies, states, Indian tribes, local
<br />governments. and the general public to
<br />submit written comments or suggestions
<br />concerning the scope of the issues to be
<br />assessed in the DSEIS. The public Is
<br />invited to participate in a series of
<br />scoplng meetings that will be held in
<br />February in Colorado and New Mexico.
<br />A schedule of the meetings Is provided.
<br />Those not desiring to submit comments
<br />or suggestions at this time, but who
<br />would like to receive a copy of the
<br />DSEIS, should write to the address
<br />below. When the DSEIS is complete, its
<br />availability will be announced In the
<br />Federal Register. in the local news
<br />media, and through direct contact with
<br />interested parties. Comments will be
<br />solicited on the document.
<br />DATES: See SUPPLEMENTARY INFORMATION
<br />section for meeting dates.
<br />ADDRESSES: See SUPPLEMENTARY
<br />INFORMATION section for meeting
<br />locations.
<br />FOR FURTHER INFORMATION CONTACT: Mr.
<br />Pat Schumacher, Manager, Southern
<br />Division of the Western Colorado Area
<br />Office. P.O, Box 640, Durango, Colorado
<br />81302. Telephone: (970) 385-6500.
<br />FAX: (970) 385-6539. E-mail:
<br />pschumacher@uc.usbr.gov.
<br />SUPPLEMENTARY INFORMATION:
<br />
<br />Background
<br />
<br />The Animas-La Plata Project (ALP)
<br />was authorized by the Colorado River
<br />Basin Project Act of September 30. 1968
<br />(Pub. L. 84-485), and would be located
<br />in La Plata and Montezuma Counties in
<br />southwestern Colorado and in San Juan
<br />County In northwestern New Mexico.
<br />Since its authorization. several studies
<br />have been conducted regarding ALP.
<br />The results of these studies are
<br />summarized in the following documents
<br />and their supporting appendices: the
<br />1979 Bureau of Reclamation Definite
<br />Plan Report, a 1980 Final
<br />Environmental Statement, the 1992
<br />Draft Supplement to the Final
<br />Environmental Statement, and the 1996
<br />Final Supplement to the Final
<br />Environmental Statement (FSFES).
<br />Much of the information compiled in
<br />these documents focuses on addressing
<br />
<br />NEPA, Endangered Species Act, and
<br />Clean Water Act compliance.
<br />identifying project impacts, and
<br />developing an extensive environmental
<br />commitment plan for the
<br />implementation of mitigation measures.
<br />Some of the issues that have received
<br />consideration over this period include
<br />impacts to aquatic resources (including
<br />wetlands Identification/mitigation),
<br />water quality, recreation, wildlife
<br />habitat, endangered and threatened
<br />specles, alternative analysis, Indian
<br />trust assets and cultural resources, and
<br />economic/social impacts.
<br />In the early 1980s, discussions were
<br />Initiated to achieve a negotiated
<br />settlement of water right claims of the
<br />Southern Ute Indian and Ute Mountain
<br />Ute Tribes in southwest Colorado. The
<br />Colorado Ute Tribes and other parties
<br />subsequently signed the Final
<br />Settlement Agreement on December 10,
<br />1986. The Colorado Ute Indian Water
<br />Rights Settlement Act of 1988 (Pub. L.
<br />100-585) (Settlement Act) provided
<br />language to Implement the Final
<br />Settlement Agreement and
<br />supplemented the authorization of the
<br />ALP. A significant component of the
<br />Final Settlement Agreement was
<br />incorporation of the provisions of the
<br />"Agreement in Principle Concerning the
<br />Colorado Ute Indian Water Rights
<br />Settlement and Binding Agreement for
<br />Animas-La Plata Project Cost Sharing"
<br />(Cost Sharing Agreement). The Cost
<br />Sharing Agreement was executed by
<br />representatives of the states of New
<br />Mexico and Colorado, the two Colorado
<br />Ute Tribes, the Animas-La Plata Water
<br />Conservancy District, the San Juan
<br />Water Commission, Montezuma County
<br />in Colorado, and the Department of the
<br />Interior.
<br />Recognizing the potential of ALP to
<br />affect endangered species (the Colorado
<br />squawfish), Reclamation consulted with
<br />the Fish and Wildlife Service (Service)
<br />pursuant to the requirements of the
<br />Endangered Species Act. A Biological
<br />Opinion was issued by the Service on
<br />October 25, 1991, containing a
<br />Reasonable and Prudent Alternative that
<br />would allow construction of several
<br />ALP features (including Durango
<br />Pumping Plant. Ridges Basin Inlet
<br />Conduit. Ridges Basin Dam and
<br />Reservoir, and other features) and an
<br />average annual initial water depletion
<br />for ALP of 57,100 acre-feet from the San
<br />Juan River.
<br />Mter Reclamation was authorized to
<br />initiate construction, several challenges
<br />were made regarding the completeness
<br />of the 1980 Final Environmental
<br />Statement and Reclamation
<br />subsequently rescinded the
<br />
<br />authorization for construction pending
<br />completion of a FSFES.
<br />Reclamation filed a Draft Supplement
<br />with the Environmental Protection
<br />Agency (EP A) and released the Draft
<br />Supplement for public review and
<br />comment in October 1992. Based on
<br />comments received on the Draft
<br />Supplement, the FSFES was completed
<br />and filed with EPA in April 1996. No
<br />record of decision was issued.
<br />In May 1995, reconsultation with the
<br />Service addressed new Information and
<br />changes to the project. A Biological
<br />Opinion was Issued by the Service in
<br />February 1996. This Biological Opinion
<br />contained a Reasonable and Prudent
<br />Alternative that would limit
<br />construction to only those project
<br />features which would initially result In
<br />an average annual water depletion of
<br />57,100 acre feet.
<br />Following the completion of the
<br />FSFES In 1996, Colorado Governor Roy
<br />Romer and Lt. Governor Gail Schoettler
<br />convened the Project supporters and
<br />opponents in a process intended to seek
<br />resolution of controversy involved in
<br />the original ALP, and to attempt to gain
<br />consensus on an alternative to the
<br />original project. The Romer-Schoettler
<br />process concluded with the suggestion
<br />of two alternatives, a structural and
<br />nonstructural proposal. The Animas-
<br />La Plata Reconciliation Plan (Structural
<br />Proposal) proposed to construct the
<br />Initial stage of the project as described
<br />in the FSFES, with some modifications.
<br />The Animas River Citizens' Coalition
<br />Conceptual Alternative (Nonstructural
<br />Proposal) proposed to purchase irrigated
<br />lands and other associated water rights
<br />near the existing Ute reservations in
<br />southern Colorado and would use or
<br />purchase water from existing projects or
<br />from expanded projects/delivery
<br />systems for the purpose of providing
<br />Indian-only water.
<br />On August 11, 1998, the Secretary of
<br />the Interior presented an Administration
<br />Proposal to build a down-sized version
<br />of ALP to implement the Colorado Ute
<br />water rights settlement which would
<br />also Include a nonstructural element as
<br />part of the settlement implementation.
<br />
<br />Purpose and Need for Action
<br />
<br />The purpose and need of the
<br />proposed federal action Is to implement
<br />the Settlement Act by providing the Ute
<br />Tribes an assured long-term water
<br />suppiy and water acquisition fund in
<br />order to satisfy the Tribes' senior water
<br />rights claims as quantified in the
<br />Settlement Act, and to provide for
<br />identified municipal and industrial
<br />water needs in the Project area.
<br />Congress enacted the Settlement Act
<br />to settle outstanding water rights claims
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