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, . . MAYNES, BRADFORD & SHIPPS ATiORNEYS AT LAW 1060 MAIN AVENUE, SUITE 103 OLD MAIN POST OFFICE PROFESSIONAL. BUIL.DING POST OFFICE BOX 2717 DURANGO, COLORADO 81302-2717 303/247-1755 FAX: 303/247~88Z7 FRANK E. (SAM) MAYNES THOMAS H. SHIPPS .JANICE C. SHEFTEL. SAM W. MAYNES BYRON V. BRADFORD (1907-19851 MEMORANDUM TO: The Colorado Congressional Delegation Southwestern Water Conservation District of Colorado ./ FROM: RE: Consultation on the Animas-La Plata Project Between the Bureau of Reclamation ("the Bureau") and the U. S. Fish and Wildlife Service (lithe Service") under Section 7 of the Endangered Species Act ("ESA") DATE: May 4, 1990 The settlement of the reserved water rights claims of the Southern Ute and Ute Mountain Ute I ndian Tribes executed on December 10, 1986, and imple- mented by Public Law 100-585, with the Animas-La Plata Project as its central focus, is now endangered. We would very much appreciate your help to ensure that construction of the Animas-La Plata Project begins as scheduled. In a letter dated February 6, 1990, the Bureau re-opened formal consultation regarding the Animas-La Plata Project with the Service under Section 7 of the ESA. A copy of the Bureau's letter reinitiating the formal Section 7 consul- tation is attached as Exhibit "A." In this consultation process, the Service has taken an intrans-igent and inappropriate position regarding Basin-wide mitigation measures for the protection of the Colorado squawfish and the razorback sucker. The construction of the Animas-La Plata Project itself certainly will have no effect on any endangered species. Sufficient mitigation has been proposed to alleviate any effect which the operation of the Project may be shown to have twelve years hence. The Service's strategy for the protection of endangered fish in the San Juan River ignores the lack of credible biological data regarding the key factors limiting squawfish reproduction, ignores the past role of the Service in the demise of these fish, ignores the possibility that squawfish plantings in the Colorado and other rivers could skew recent research findings, ignores the promises of the federal government to the Colorado Ute Tribes regarding the settlement of their water rights claims, and ignores the impact of the failure of such a settlement on the non-Indian population of Southwestern Colorado. I. the Colorado a Plata roject As you know, the Service, on December 28, 1979, issued a non-jeopardy Biological Opinion on the Animas-La Plata Project pursuant to the Section 7