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<br />B-260G41 <br /> <br />jeopardize the squawfish. In October 1991, the Service incorporated the <br />Bureau's proposed alternative into its final biological opinion. <br /> <br />The alternative, as adopted in 1991, limited construction of the project to <br />certain facilities; restricted the amount of water that the project could <br />annually deplete from the Animas River; and provided for a 7-year-Iong <br />study of the needs of the Colorado squawfish and a fish recovery program <br />in the San Juan River, both of which rely on periodic releases of water <br />from the Navajo Dam and ReselVoir. The dam and reselVoir are located <br />upstream on the San Juan River and store water used by NllP. Under the <br />alternative, no additional construction of or water depletions for the <br />project is allowed until the fish study (which began in 1991) is complete <br />and the Service detennines that the squawfish would not likely be <br />jeopardized <br /> <br />A 1992 lawsuit filed by several environmental groups delayed the start of <br />construction. The complaint in the lawsuit contained 11 causes of action, <br />which were based on alleged violations of several statutes. The cause of <br />action based on the Endangered Species Act-which did not involve the <br />Colorado squawfish-was dismissed as premature. In the remaining <br />causes of action, the plaintiffs charged that the Bureau's 1980 <br />environmental impact statement for the project was inadequate because it <br />did not address new circumstances and information, including substantial <br />changes in the project. In responding to the lawsuit, the Bureau began <br />preparing a supplemental environmental impact statement and deferred <br />beginning construction of the project. The Bureau plans to issue its <br />supplemental statement in December 1995. <br /> <br />While the Bureau and the Service developed an alternative intended to <br />allow construction of the project to begin, the following issues could <br />result in construction delays and affect both the practicability of the <br />alternative and the implementation of the 1988 Settlement Act. <br /> <br />. Construction of the project depends upon successful completion and <br />acceptance of the supplemental environmental impact statement. If the <br />supplemental statement is delayed or challenged, project construction <br />could be further delayed The Bureau estimates that, barring further <br />delays, the first portion of the project will be completed in 2002. Because <br />this is later than the agreed date, the Colorado Ute tribes could revisit the <br />water rights settlement. <br />. Construction of features beyond those that are permitted under the <br />alternative depends on the outcome of the fish study. If the Service <br /> <br />Page 2 <br /> <br />GAOIIlCED-96-1 AnlmAo-La Plata Project <br />