WSP08026

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 1/1/1992
• Title: Correspondence regarding the Draft Supplement to the 1980 Final Environmental Statement
• Water Supply Pro - Doc Type: EIS

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state Legislature in April, 1989. with the passage of SB142
Colorado is obligated to expend approximately 60.0 million dollars
towards construction of ALP and the settlement of Indian reserved
right claims (5.0 million to Tribal Development Fund, 6.8 million
for Towaoc Pipeline, 5.6 million toward ALP construction from CWCB
Construction Fund, 30.0 million plus interest toward ALP
construction from a Colorado Water Resources and Power Development
Authority (Authority) Escrow Account, and an additional 2.8 million
from the Authority). Pursuant to federal legislation, the Bureau of
Reclamation has entered into a number of agreements including a
60.5 million dollar tribal development fund and non-federal
repayment and cost sharing contracts worth approximately 68 million
dollars toward construction of the 418 million dollar Phase I of
ALP.

The June 30, 1986 Agreement also lead to consent decrees
settling the reserved right claims which were entered in Colorado
Water Court for Water Division 7 on December 19, 1991. The decrees
grant reserved rights on 11 streams in the San Juan River basin and
contain terms of the settlement including construction of ALP. The
decrees for the Animas and LaPlata Rivers would have to be reopened
if ALP is not constructed.

The U.S. Fish and Wildlife Service (Service) initially entered
a non-jeopardy Biological Opinion for ALP in 1979 allowing the
project to go forward. However, in May, 1990 the Service reversed
it's Opinion finding instead that the project would jeopardize the
continued existence of the Colorado Squawfish in the San Juan
River. As a result, negotiations were undertaken with the Service
which resulted in the development of a "Reasonable and Prudent
Alternative" (RPA) which was formally recognized in a Memorandum of
Understanding and Supplemental Agreement regarding enforcement in
April, 1991. The RPA allowed ALP Phase I to proceed in part and
mandated the establishment of a San Juan River Recovery Program for
Endangered Fish. The State of Colorado has since entered into
further agreements with the Service and others that contribute 2.0
million dollars to the recovery effort thus further increasing the
States contribution towards construction of ALP.

Following the above actions, in February, 1992, the Four
Corners Action Coalition et. al. filed suit against Reclamation on
a number of procedural issues. This lawsuit caused Reclamation to
prepare the current draft supplement to the 1980 final
environmental impact statement on ALP which is the subject of these
hearings. We have reviewed the supplement and believe the scope
of the supplement as described in the report fully addresses the
issues that were raised. Furthermore, we believe that
Reclamation's actions with respect to additional scoping and
project reformulation are appropriate given the long history of
this project and moreover the necessity for ALP to complete the
Indian reserved right settlement.

Finally, we concur that Indian water marketing, reoperation of
Navajo Dam and power operations and related transmission lines are