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<br />1,.<' <br />, <br />( <br />'1'" <br /> <br />In summary, the Biological Opinion issued by the Service on October 25, 1991, contained an <br />RP A which would allow construction of several Project features (including Durango Pumping <br />Plant, Ridges Basin Inlet Conduit, Ridges Basin Dam and Reservoir, and other features) and <br />initial annual water depletions for the Project of 57, 1 00 acre-feet. At the same time, an <br />approximately 7 -year research study of endangered fish in the San Juan River (7 -year research <br />study) would be conducted, and Navajo Dam would be operated to mimic the natural <br />hydrograph of the San Juan River and provide flows needed for the research period. <br />Subsequently, consultation was reinitiated to address such new information as designation of <br />critical habitat for endangered fish and listing of the southwestern willow flycatcher. That <br />consultation concluded with a final Biological Opinion and an RP A on the endangered fish <br />from the Service dated February 1996, allowing an initial average annual depletion of 57, 100 <br />acre-feet. Other requirements of this RPA are generally similar to those of the previous RPA <br /> <br />INDIAN WATER RIGHTS SETTLEMENT, COST SHARING, AND PROJECT <br />PHASING <br /> <br />The Project plays a critical role in the resolution of the Colorado Ute Indian water rights <br />under the Winters DoctrinelO The Southern Ute Indian and the Ute Mountain Ute Tribes, <br />headquartered in Ignacio and Towaoc, Colorado, respectively, have reservation lands within <br />the Animas and La Plata Rivers drainages, as well as in drainage basins of other streams <br />tributary to the San Juan River. The Colorado Ute Indian reservations were created in 1868 <br />and, as such, the Tribes have a priority date for their water rights that precedes the priority <br />dates for most, ifnot all, of the non-Indian water rights. In the absence of the Settlement Act, <br />development of senior Tribal water rights claims could adversely impact non-Indian water <br />rights and users, including cities and municipalities, throughout southwestern Colorado and <br />northwest New Mexico. <br /> <br />The State of Colorado has estimated the potential effect of outstanding Indian claims on non- <br />Indian water rights and predicted that all non-Indian irrigation in the Mancos and La Plata <br />Rivers drainages could be eliminated if Colorado Ute Tribal water rights claims were fully <br />exercised. During dry years, the Tribes could exercise senior water rights to virtually all <br />available water on numerous rivers and streams in the San Juan River Basin. It was estimated <br />that more than 34,000 acres oflands irrigated by non-Indians could be adversely impacted ifa <br />settlement of Tribal water rights claims were not achieved. <br /> <br />For years, the Tribes pursued an equitable settlement of their water rights claims in these river <br />drainages. In the early 1980's, discussions were initiated to achieve a negotiated settlement of <br />the claims. After continued negotiations, the Tribes and other parties signed the final <br />Settlement Agreement on December 10, 1986, Specific legislation, the Settlement Act to <br />implement the Settlement Agreement, was enacted by the U.S. Congress on November 3, <br />1988, The Settlement Agreement calls for availability of Project water by January 1, 2000, to <br /> <br />10 The Winters or reserved water rights doctrine was established in Winters v. United States, 207 U,8, 564 (190g), and <br />provides that the establishment of an Indian reservation impliedly reserves the amount of water necessary for the purposes of the <br />reservation. <br /> <br />17 <br />