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l.. '~" , , " ';;->"'.'~ . ROCky Mo~ntaln News' :;:. Th~r., May 10. 1990 ".., . '-. -. ~; J \' _.... ~~_...'.....:-'j;~ '1": COLORADO lie THE"WEST ~ Steve Campbell, State/Region Editor. 892-5381 ~,<':l'r'''~ J "";::,". . . - . Indian rightsfirst~,yoWS leader Fish shouldn't kill project, says Ute By John BrInkley News Washington Bureau WA!iIllNGTON - In threaten- ing to 1"11 the planned Animas-La Plata ""ter project, the U.S. gov- ernme "' is giving greater weight to it, '" ,.ponsibility to a "trash fish" 'i"lD its responsibility to Amen' ,m Indians, an Indian leader said )'~'tf'rday. SOil' ''''10 Ute Tribal Chairman, Leona.'! Burch said he was "ex- trem('!'. dismayed that the federal govert"",,nt would place an obliga- tion to e fish above their obligation to Native Americans." However, neither he nor any of the p"I,lic officials who have sup- portcd 'he Animas-La Plata pro- ject \\.1. able to say what they might do to try to save it. On Tuesday, the U.S. Fish and , Wildlife Service issued a draft ree- ommew'etion for a study of factors affect",,! 'he Colorado squawfish, an endangered species populating the San Juan River downstream from the planned water project. An agency spokesman said the study would probably take about " seven years, which would leave insufficient time to build the pro- ject before the statutory deadline for its completion - 2000. The Southern Utes and the Ute Mountain Utes are widely believed to have a valid legal claim to water in some 25 rivers and streams in southwestern Colorado. However, they agreed not to pursue that claim in exchange for a guarantee of water from the Animas-La Plata project plus federal funding of some tribal development projects. Burch said his trihe would not immediately sue the government for rights to the water; but he didn't rule it out. "We've spent too much time and effort by the present tribal leaders and the past leaders that have worked on this project for the last 50 years to see this go down because of a fish," Burch said. "Any rivers that cross the reser- vation - we have a right to use to develop our natural resources." One option is for project sup- porters to request an exemption from the Endangered Species Act - the federal law that requires the Fish and Wildlife Service to protect the squawfish. On Tuesday, Gov. Roy Romer said he might make such a request, but as of yesterday no decision had been made, said his press secre- tary, Cindy Parmenter. .. An exemption request would go to a committee of officials from several federal agencies, plus rep- resentatives of the affected slates - Colorado and New Mexico. The committee would have the authority to grant an exemption, thus allowing the project to go forward, said Fish and Wildlife spokesman Galen Buterbaugh. Another option would be for the agency to suggest what it calls a "reasonable and prudent alterna- tive" to its recommendation that the project be put on hold pending completion of the study. In releasing the recommenda- tion, the service said it had been unable to fmd an alternative. Demel ,'-'4, ..-.-.... ,~. ". .... Ridges ..... BasIn Canal/Res. Southern Ute IndIan Reservatlon COLO. N.M. Bloomfleld San Juan River However, an angry Rep. Ben Nighthorse Campbell, D-Colo., noted that the recommendation was a draft, which "doesn't mean it's an absolutely final statement." Therefore, "we're just going to have to try and lean on the Fish and Wildlife Service to come up with an alternative." /n . .