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<br />M:{10 <br /> <br />" <br /> <br />Indian Trust Assets-- The United States has a trust responsibility to protect and maintain rights <br />reserved by or granted to American Indian tribes by treaties, statutes, and executive orders, One <br />concern expressed during review of the draft EA was that any reduction in flows in the San Juan <br />River caused by the Carriage Contract could indirectly reduce the water supplies needed to meet <br />Indian water rights because additional waters from Navajo Reservoir would be needed for <br />endangered fish in the San Juan River-thus reducing supplies to meet Indian water needs, As <br />explained in the final EA, Reclamation has concluded that the proposed action would neither <br />reduce flows in .the San Juan River nor make additional releases from Navajo Reservoir <br />necessary to meet flow recommendations for endangered fish, <br /> <br />Commitments <br />The following commitments will be included in the proposed Carriage Contract: <br />-Though any increase in selenium and salinity in return flows to the SanJuan River is expected. <br />to be minimal, baseline and post-irrigation monitoring will be conducted, as prescribed in the <br />Fish and Wildlife Service's 2001 Biological Opinion on the Carriage Contract. Reclamation <br />will reconsult with the Service if monitoring indicates that water quality problems develop, <br />-Cultural resources will be protected by inventory, avoidance, and treatment where appropriate <br />under agreements with the State Historic Preservation Officer and the Advisory Council on <br />Historic Preservation as specified in the final EA.In general, all areas of proposed construction <br />for DWCD features will be inventoried for cultural resources. New irrigation lands will be <br />surveyed where new earth modification that has the potential to cause effects to cultural <br />resources is projected to occur as discussed in the final EA. Any sites identified will be evaluated <br />for significance and potential effect.. Where there will be effects, treatment measures will be <br />developed and implemented if avoidance is not possible: Reclamation will continue to consult <br />with Native American Tribes about the undertaking, <br />-Only presently cultivated lands will receive irrigation water from the Carriage Contract; all lands <br />to be irrigated will be classified, to Reclamation's land class standards, to assure their suitability <br />for irrigation. . <br />-Disturbance ofhative vegetation by DWCDpipelines or other DWCD features would be <br />avoided wherevl:r possible, Gunnison sage grouse habitat within DWCD's work areas will be <br />avoided to the maximum extent possible; surveys for sage grouse will be performed prior to any <br />disturbance of their habitat, if avoidance is not possible. <br />-DWCD shall provide written notification to the United States as to the origin of any non-Project <br />water it wishes to carry through Dolores Project facilities, The United States reserves the right <br />to deny the carriage of any non-Project water from sources other than MVIC senior water rights. <br />-Full Service prqject water delivery will be given priority over non-Project water delivery should <br />facility capacity or other factors limit the delivery of irrigation water, <br />-Reclamation and DWCD will continue ongoing efforts with other partners to acquire or protect <br />water in the Dolores River for release downstream from McPhee Reservoir to benefit the fishery <br />in accordance with the 1998 Dolores River Instream Flow Partnership Memorandum of <br />Understanding. <br /> <br /><' <br /> <br />5 <br /> <br />" <br />! <br /> <br />., -!, <br /> <br />.", ~ <br /> <br />'-, ~-'-"~;"--!-:_'---""*"' <br />