STATEMENT OF STEVE HARRIS, SECRETARY, BOARD OF DIRECTORS, ANIMAS-LA PLATA WATER CONSERVANCY DISTRICT

Mr. LILE. I would like to call on Steve Harris, secretary of the Animas-La Plata Water Conservancy District.

Mr. HARRIS. I appreciate the opportunity to be here. On behalf of the district and the members of the district we appreciate your support over the years and wish you a good retirement and thank

you.

[The statement follows:]

STATEMENT OF STEVE HARRIS

Mr. Chairman and members of the committee, we are Ron Pettigrew, President, and Steve Harris, Secretary, of the Board of Directors of the Animas-La Plata Water Conservancy District. It is our privilege to appear before this committee to request the $6,600,000 in the President's budget to forward the construction of the AnimasLa Plata Project. The Board, which will administer Project facilities, is anxious that the project move ahead to provide an adequate, dependable, soundly managed supply of much-needed water.

Ron Pettigrew grew up in the Durango area, attending the local high school and Fort Lewis College. He comes from a family heritage in neighboring Montezuma County of sheep herding and dryland farming. Therefore, his family was active in supporting the construction of the Dolores Project. Unfortunately, Ron Pettigrew's grandfather did not live to see the family land receive Dolores Project water.

As a water resource engineer, Steve Harris worked for Reclamation for eight years in the mid-1970's. During his Reclamation career, he had an opportunity to search for and evaluate alternatives for the Animas-La Plata Project in coordination with a citizens committee which reviewed over 100 Project alternatives. The current Project design as set forth in the Definite Plan Report issued by Reclamation in 1979 was the best plan to meet Project objectives. Steve Harris also worked on the negotiations to resolve the reserved water rights claims of the Southern Ute and Ute Mountain Ute Indian Tribes and, as a private consultant, Steve Harris works with people on a daily basis who need water. Water storage is vital to support the current agriculture and population growth in southwestern Colorado because water is available in the region's streams only three months a year during spring runoff. From Mr. Harris' engineering perspective and Mr. Pettigrew's water user perspective, we believe that the Animas-La Plata Project deserves to move forward to construction as quickly as possible. It exemplifies the best of Reclamation multiple-use water resource development projects. Not only does this Project provide for the settlement of the Colorado Ute Indian Tribes' reserved water rights claims, the Project provides needed agricultural water for the non-Indian communities of southwest Colorado, provides a stable domestic supply of water for cities in Colorado and New Mexico, and provides vital economic development potential for the area through the creation of new jobs and the creation of a major recreational reservoir.

The Animas-La Plata Project will change a fifty-year dream into a reality. For over 50 years, farmers, ranchers, cities, towns, Indians and non-Indians have pursued the dream of enjoying the beneficial use of the water resources of the Animas and the La Plata Rivers. Through good times and bad times, the Indian and nonIndian water users of southwestern Colorado have cooperated in pursuit of this dream, even though at times that cooperation demanded everyone's patience. When the Animas-La Plata Project is constructed, the dream of a sufficient water supply for all in the San Juan Basin of southwestern Colorado and northwestern New Mexico will become a reality. We, in southwestern Colorado and northwestern New Mexico, are entitled to this reality. That entitlement comes as a result of the many compromises and sacrifices that we have made in times past when Congress was considering such legislation as the Colorado River Storage Project Act of 1956 and the Colorado River Basin Project Act of 1968. The 1956 Act authorized the Animas-La Plata Project as a participating project and the 1968 Act was authorized for prompt construction of the Project. We have stood in line with our Indian friends for a long time. The federal government must meet its commitment under the 1988 Colorado Ute Indian Water Rights Final Settlement Act to construct the AnimasLa Plata Project.

The Final Settlement Agreement, which quantifies the Southern Ute and Ute Mountain Ute Indian Tribes' winters water rights claims, is an historic example of what can be accomplished through compromise and cooperation. We are aware of the bitter disputes in other parts of the west over Indian water rights claims. What

we have achieved is a win-win situation for both Indians and non-Indians, a victory for all in southwestern Colorado. The Final Settlement Agreement will enable the two Ute Tribes to develop their agricultural, municipal and industrial potential on all the streams which cross their reservations in an orderly fashion with the certainty of a well-defined supply of water.

The quantification of the Tribes' Winters water rights claims also brings certainty to the non-Indian water users in southwestern Colorado. The Project will enable both Indian and non-Indian water users in southwestern Colorado to beneficially utilize their fair share of the waters of the Colorado River and its tributaries. The Project will allow the federal government to honor its commitments to the Indian people made in treaties and agreements which were signed over a hundred twenty years ago. All parties will avoid costly and divisive litigation over the nature and extent of the Tribe's reserved water rights claims. Finally, the state of Colorado will continue its tradition of cooperating with its Indian citizens for the mutual benefit of both the state and the Indian tribes.

We in southwestern Colorado are extremely proud that through cooperation and compromise we have overcome the many, many hurdles to the construction of the Animas-La Plata Project. We successfully fought in court to create the Animas-La Plata Water Conservancy District. During the 1980's, the Animas-La Plata Water Conservancy District successfully defended the Project in one federal court action and in two state court actions; one in Colorado and one in New Mexico. We convinced the electors in San Juan County, New Mexico, and La Plata County, Colorado, of the benefits of the Animas-La Plata Project and received overwhelming public support at each of two elections. Elections were held in 1987 in La Plata County, Colorado and in 1990 in San Juan County, New Mexico, in which Animas-La Plata Project construction was overwhelmingly favored.

At the direction of this Committee and the United States Congress, we successfully negotiated an historic cost-sharing agreement with the Secretary of the Interior. We negotiated a fair and just settlement of the reserved water rights claims of the two Colorado Ute Indian tribes. We overcame the obstacle of the belated federal reversal of its position concerning the importance of the endangered fish in the San Juan River. After a year of negotiations, a reasonable and prudent alternative was developed to allow the Animas-La Plata Project to go forward. An Endangered Fishes Recovery Implementation Program has been established to recover the endangered fish in the San Juan River and, at the same time, to allow water development to proceed. Without such a recovery implementation program, the Service has concluded that the endangered fish located approximately 100 miles downstream from the Animas-La Plata Project would be in danger of imminent extirpation. A program to achieve recovery is in place. By cooperation and negotiation, we have succeeded in resolving all the issues which previously prevented a construction start for the Animas-La Plata Project.

In reviewing the history of the Animas-La Plata Project, Mr. Chairman, we note that both the United States Government and the state of Colorado have made strong commitments to proceed with construction of this extremely valuable water resource development project. Together with this Committee and the Congress, the last six Presidential administrations have appropriated funds to fulfill the promises embodied in the Final Settlement Agreement. Likewise, the Colorado General Assembly and the Governor of Colorado have committed $60 million to construct the project.

There is only one group which does not subscribe to the resolution of issues by cooperation and compromise: the environmentalists. It is ironic that the environmental organizations, although invited to participate in resolving the endangered fish problem in the San Juan River, refused to do so. Now those same environmental groups have threatened to litigate, rather than negotiate, issues they hope will lead to further project delays and greatly increase the ultimate cost of Project construction. The environmental groups will then focus public attention on the increased costs.

Critics of the Animas-La Plata Project have constantly focused upon the costs of the Project. In the twenty-six years that have elapsed since the project was first authorized for construction by Congress, increases in the cost of the project have resulted from inflation. The same can unfortunately be said for the price of a college education, a tank of gasoline, or a loaf of bread. In focusing upon costs, critics ignore the other half of the picture-benefits-benefits that still greatly exceed inflated

costs.

The single most overriding benefit of the Animas-La Plata Project is the settlement of water rights claims of the two Ute Indian tribes in Colorado. The value of the Indian water rights settlement to the citizens of Colorado and New Mexico is hundreds of millions of dollars. Without the construction of the Animas-La Plata

Project, the keystone of the settlement, the Tribes alternative for the Project would be to reopen litigation, jeopardizing the water rights of non-Indian irrigators and municipalities, including owners of water on the La Plata and Animas Rivers and their tributaries. Typically, however, critics of the Animas-La Plata Project assign no value to the settlement, because it complicates their standard arguments in opposing water conservation through water storage. Further, the Bureau of Reclamation has determined that in addition to the immense benefits from the Settlement Act, the construction of the Animas-La Plata Project will provide $42 million in annual benefits to the citizens of the United States.

If we are to keep the Animas-La Plata Project on the construction timetable mandated by the 1988 Colorado-Ute Indian Water Rights Settlement Act, it is necessary that we have the funding to accomplish those tasks. Bureau of Reclamation officials have assured us that appropriation by the Congress of the $6.6 million, which has been requested by the Administration for construction activities on the Animas-La Plata Project for fiscal year 1995, will keep us on the required timetable. Despite years of promises and years of effort devoted to feasibility and environmental studies, the Ánimas-La Plata Project remains the orphan of the water reclamation family. Our communities have endorsed the Project and our legislature has approved all required state funding. We seek the federal support required to move the Project into the realm of reality. We in southwestern Colorado and northwestern New Mexico deserve to have our dream, and the federal government's commitment, fulfilled. We look forward to the day, Mr. Chairman, when you and members of your Committee can return to Durango for the dedication of Ridges Basin Dam and Reservoir. Your continued assistance in providing the necessary funding for the Animas-La Plata Project is greatly appreciated. Our sincere thanks to the Committee for its continued support for Projects of vital importance to all people in southwestern Colorado and northwestern New Mexico.

Thank you.

Senator DECONCINI. I am very familiar with the Animas-La Plata project. It has been around longer than I have. But we have worked hard to fund that each year, and we will continue to give it every consideration.

Thank you for your testimony. I assure the committee will take your full statements here and they will be a part of the record and a part of our process during formulation of the bill. Thank you.

PREPARED STATEMENTS

The additional statements which you have provided the subcommittee will be made part of the record at this point.

[The statements follow:]

STATEMENT OF FRED V. KROEGER, PRESIDENT, BOARD OF DIRECTORS, SOUTHWESTERN WATER CONSERVATION DISTRICT OF COLORADO

Mr. Chairman and Members of the Committee:

I am Fred V. Kroeger, President of the Board of Directors of the Southwestern Water Conservation District of Colorado. The Southwestern Water Conservation District was created by the Colorado General Assembly in 1941 to develop the waters of the San Juan and Dolores Rivers and their tributaries for storage, irrigation, mining and manufacturing purposes.

The Board of the District urges this Committee to again assist the Indian and non-Indian water users in southwestern Colorado and northwestern New Mexico by appropriating the Administration's request of the $6.6 Million needed to construct the Animas-La Plata Project and the $2.931 Million needed to complete construction of the Dolores Project.

I have been a member of the Board of Directors of the Southwestern Water Conservation District for over 40 years. I was honored to serve on the Colorado Water Conservation Board, the water policy making Board for the State of Colorado, for 21 years. I am, therefore, familiar with the water needs of Colorado.

Animas-La Plata Project

The Animas-La Plata Project exemplifies the best of Bureau of Reclamation ("Reclamation") water resource development projects. Not only does the Animas-La Plata Project provide for the settlement of the Colorado Ute Indian Tribes' reserved water rights claims, the Project also provides needed agricultural water to the non-Indian communities of southwestern Colorado, a stable domestic supply of water for cities in Colorado and New Mexico, and vital economic development potential for the area through the creation of new jobs and a major recreational reservoir. It is important that the Durango Projects Office remain open and fully staffed to pave the way for the Project's much needed construction.

Opponents of the Animas-La Plata Project have alleged that Reclamation has not adequately analyzed alternatives to the Project. Reclamation performed a thorough analysis of all reasonable alternatives in the mid-1970's. No new circumstances require reevaluation of the prior alternatives analysis and, in fact, there are circumstances since the mid-70's which mandate the construction of the current Project plan, including: the Agreement in Principle Concerning the Colorado Ute Indian Water Rights Settlement and Binding Agreement for Animas-La Plata Project Cost Sharing dated June 30, 1986 (the "Cost Sharing Agreement"); the Colorado Ute Indian Water Rights Settlement Agreement executed December 10, 1986 (the "Settlement Agreement"); the Colorado Ute Indian Water Rights Settlement Act of 1988 (PL 100-585) (the "Settlement Act"); public elections in southwestern Colorado and northwestern New Mexico; the Memorandum of Understanding regarding endangered fish in the San Juan River, and the San Juan River Recovery Implementation Plan. The Southern Ute Indian and Ute Mountain Ute Indian Tribes have rejected the alternatives of providing the Tribes money rather than water and an Indian-only project. There is no alternative to the Animas-La Plata Project.

At the request of the Southwestern Water Conservation District, a thorough analysis of the planning history of the Animas-La Plata Project was conducted last year. The analysis indicates that the District and Reclamation jointly sponsored a lengthy process of public involvement from 1974 to 1976, which compared four major alternatives and dozens of subalternatives for each of the four major plans. In total, approximately 100 alternatives for the Animas-La Plata Project were considered. This public alternatives process involved an Advisory Team consisting of representatives of all of the entities potentially interested in receiving water from the Project and environmental groups such as the Sierra Club and the San Juan Ecological Society. The Advisory Team met eleven times in a two and a half year period. In addition, ten other public meetings were held with specific groups during that same period.