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<br />O~H'~ 3 <br /> <br />EIS was based on MVIC diverting and using their full water supply, <br /> <br />It is also unlikely that this Carriage Contract would set a precedent for future sales ofMVIC <br />water to the DWCD because Dolores Project facilities would have little or no excess capacity <br />following the carriage of the 8,000 acre-feet now being considered. <br /> <br />Comment: Cumulative actions and direct and indirect impacts need to be considered, <br />Response: The Dolores Project final EIS evaluated McPhee Reservoir and downstream <br />impacts as ifMVIC water was being fully diverted. Any past, present, or future sale ofMVIC <br />water shares, that could represent cumulative water uses, would represent water assumed <br />diverted and used in that EIS, There are very few direct impacts of the Carriage Contract because <br />it simply allows a water district to cany their water in a Federal canal. Indirect impacts related to <br />water use, cultural resources, fish and wildlife resources were addressed in the final EA. <br /> <br />Comment: The Fish and Wildlife Service's biological opinion on the carriage contract <br />raises serious issues including the ability of the Service to make decisions upon the potential <br />adverse effects of a Federal Action on listed species in a situation where the Service concedes <br />great uncertainty about the effects of such actions on listed species, <br />Response: The Fish and Wildlife Service concluded in their biological opinion that <br />potential water quality changes "may affect, but is not likely to affect" listed species, while the <br />continued depletion of the 8,000 acre-feet of water from the Dolores-Colorado River system may <br />affect and is likely to adversely affect listed fish species and that the Recovery Program can serve.. .. <br />. as the reasonable and prudent alternative to avoid jeopardy to the endangered fish and their <br />critical habitat. The Service also included a "Reinitiation Notice" in their biological opinion that <br />requires reconsultation if new information reveals effects of the carriage contract that may affect <br />listed species in a manner or to an extent not considered in their opinion. <br /> <br />Comment: Meaningful alternatives, particularly expansion of the No Action alternative, <br />are needed. The No Action alternative should more accurately be characterized by water excess <br />to MVIC's needs to continue to accrue to the Dolores River. An accurate analysis of the No <br />Action alternative would reveal environmental benefits not disclosed in the EA. <br />Response: A contract is needed to allow the D WCD to cany non-project water through <br />Reclamation-owned canals. The only reasonable altemative to this is No Action-not executing a <br />contract, It is beyond the purpose and need of the Carriage Contract EA to develop alternatives <br />to provide additional water to the Dolores River. <br /> <br />The final EA explains likely scenarios that would occur under the No Action a1ternative--the <br />water would not become part of the downstream fishery pool or part of a reservoir spill simply <br />because No Action was selected, The water would remain the property of the MVIC to be sold <br />or used, <br /> <br />8 <br /> <br />-';{ <br />!J <br />4 <br /> <br />.1 <br /> <br />11 <br /> <br />, <br /> <br />."',,, <br />