WSP04942

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 4/1/1996
• Title: Final Supplement to the Final Environmental Statement - Executive Summary
• Water Supply Pro - Doc Type: EIS

BOR-WCAOS SD

ID:970-385-6539
.

MAY 17'96
.

10:28 No.OOl P.l0

Summary

investigation of soils charactcrlsties which n1l8ht result in toxic or haZlll'dous irrigation rcturn flows. III
J~lIunr)' 1992, Rcclamation dClcrmmcd thot a supplement to the 1982 Secretarial eenificaLlon was
required for the Project III order to lilllilllhis requirement.

Aeeordingl)', from 1992 to 1994. Reclamation conducted further investigations of soils charncteristics to
eomp1r \Vith the requircmcnLs of'thc 1986 amendment. Those investigations included the collcelion of
soil, sediment. growldwater. surface water. and biological samplcs from Projcctlands and surface
streams in the La Plata and Mancos Ri\'crs drainages and Ridges Basin Reservoir and Southern Ule
Reservoir areas. While notlllg intermittent OCCUlTenccs of clevated selenium concentrations, the
investigations did not discover levels of contaminants that would cause widespread hazardous or toxic
retw.n flows. Nevenl1eless, since the 1992 DSFES, 1,512 acres uCproposed Cull-service lands have been
climinated from the Project because of their potential to affect water quality in the La Plata River from
selenium loading.

Clean Water Act

Reclamation seeks Clean Waler Act compliance through the Section 404(r) provisions which cxempt
Reclamauon Crom the requirement to obtain 8 CW A Section 404 permit fur consauction activities
resulting in discharges of dredged or fill material into waters of the United States. .An exemption (or
cCttain Project features was obtained based upon the 404(b)(1) Evaluation attached to thc 1980 FES.
Reclamation has expanded the c.'Iisting 404(r) exemption to include all Project features through
additional compliance. A ne\V 404(b)( I) Evaluation in compliance with the Environmental Protection
Agency's (EP A) Section 404(b)( I) requirements under 40 CFR part 230 has been prepared and attached
10 thc FSFES. .

Indian Trust Assets

The United Stales has a lrust responsibility 10 proleCt aild maintain rights reserved by or granted to
Indian Tribes or Indian individuals by ueaties, StaluleS, and Executive orders. These rights are
sometimes further interpreted through court decisions and regulations. This trust responsibility requires
Ihat agencies such as Reclamation take actions reasonably necessDIY to protect these IT As.

Reclamation policy is 10 prolect IT As from advcrse impacts by its programs and activities. IT As are
prop~Tty inlerestS held in trust by the United States for the benefit of Indian Tribes or Tribal members.

IT As for the Projcct have been identified for the federally recognized Tribes within the Upper San Juan
River Basin and arc described in Chapter III oCthe FSFES. Four Tribes arc located within the Basin:
Jicarilla Apache Tribe, Navajo Nation. Ule Mountain Ute Tribe, and Southern Ute Indian Tribe. Water is
an impunanl Colorado Ute Indian Tribal truSt asset (Southern Ute and Ule Mountain Ute Tribes). The
Settlement Act, ratified by Congress, calls for Project water to be used to satisfy Colorado Ute water
rights. The Proposed Plan would allow this development, as envisioned by the Settlement Act.

The Jicarilla Apache Tribe would receive no water from the Project. The location and water sources of
the Jicarilla Apache Tribe make it unlikely Lhat there would be any impam to the Jicarilla Apache Tribe
from the Projcct.

The Nation is to receive 7.600 acre.fect ofwatcr for M&I purposes from the Project. The Nation is
concerned that thc Project could adversely ImpaeLlhcir water supply and development, waler quality, and

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