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.. . Mr. Ken Beck April 8, 2002 Page 5 contract rights for the purpose of leaving water in the river for endangered fish habitat. The Commission does not believe that contractors for the Navajo Reservoir Supply need to share water shortages that might be created by strict application of the flow recommendations. The flow recommendations are not inviolate, and Reclamation must tind reasonable aiternatives. While this discussion might be had in the DEIS, resolution of the issue may not be necessary for many years until ful1 delivery demand occurs under the existing Navajo Reservoir Supply contracts and hydrologic conditions combine with the ful1 demand to create an actual water supply shortage. Further discussion of this issue may be had by the SJRBRIP Hydrology Committee, which is charged with evaluating, in coordination with the Coordination Committee, water rights issues pertinent to providing flows for endangered fish habitat. In the meantime, the Commission does not believe that Reclamation is using the Nation's water without its consent. Beneficial consumptive use is the limit to the right to use water, and the Nation cannot now physically take delivery of the approximately 8,500 acre-feet annual contract amount that is in question. Nor can the Nation require under the contract that Reclamation store the water in Navajo Reservoir for use in future years. Until the Nation is ready to take delivery of the amount of water in question, the corresponding portion of the Navajo Reservoir yield is available for meeting other contract needs or endangered fish habitat needs. Overall, the Commission believes that the preferred alternative allows progress to be made towards meeting both goals of the SJRBRIP: to conserve populations of endangered fish species in the San Juan River Basin consistent with recovery under the ESA and to proceed with water development in the Basin in compliance with applicable laws and federal trust responsibilities to the two Colorado Ute Tribes, the Navajo Nation and the Jicarilla Apache Nation. The SJRBRIP is to provide the reasonable and prudent alternatives to allow further water development in the San Juan River Basin to proceed in compliance with the ESA. Therefore, the Commission views Reclamation as proposing a course of action that wil1lead to the Nation being able to receive and use water in accordance with its Navajo Reservoir Supply water contract rights. Please call me if discussion of these remarks would be helpful. SinCerelY~ ~PPle Staff Engineer copy: Bob Krakow Ron Bliesner John Leeper Mike Hamman Randy Kirkpatrick Paul Martin Randy Seaholm Steve Harris 00714