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WSP08481
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Last modified
1/26/2010 2:48:23 PM
Creation date
10/12/2006 3:00:17 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.106.P
Description
Animas La Plata Project
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
10/9/1996
Author
State of Colorado
Title
Opening Statement of the State of Colorado to Participants in the Discussions to Resolve the Issues Surrounding the ALP Project
Water Supply Pro - Doc Type
Report/Study
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<br />onn3 <br /> <br />Water Court. The Settlement Agreement also established <br />specific conditions concerning the administration and use <br />of the water rights of the Tribes consistent with state <br />law, including agreements concerning changes in use both <br />on and off the Reservations. Those agreements are <br />critical to the integrated administration of Indian and <br />non-Indian water rights. <br /> <br />2. <br /> <br />Under the Settlement Agreement, the Tribes have the right <br />to receive the following amounts of water, through the <br />Project, from the Animas and La Plata Rivers: <br /> <br />Ute Mountain Ute Tribe: 6000 af/yr for m & i <br />26,300 af/yr for irrigation <br /> <br />Southern Ute Tribe: 26,500 af/yr m & i <br />3,400 af/yr irrigation <br /> <br />These are maximum amounts, subject to shortage sharing <br />provisions. <br /> <br />3. Under the Settlement Act, the Tribes received several <br />benefits, including Congressional relief from the Non- <br />Intercourse Act and economic relief by relieving the <br />obligation of the Tribes' repayment obligation until <br />water is beneficially used. <br /> <br />4. The state of Colorado has complied with requirements of <br />the Settlement Agreement for signif.icant cost - sharing <br />with and financial responsibility to the Tribes. The <br />state has deposited $5 million into the Tribal <br />Development Fund, has spent $7.8 million to construct the <br />Towaoc Pipeline and domestic water distribution system, <br />has spent $300,000 toward cost-sharing for the Animas-La <br />plata Project, and has committed $47.7 million toward <br />cost-sharing for the Project. <br /> <br />5. The Project is the beneficiary of Colorado River Storage <br />proj ect power revenues, both for the repayment of certain <br />capital costs and for pumping costs. <br /> <br />6. Vested rights have been created under Colorado law to <br />water rights in all of the various streams and rivers <br />which are the subject of the Settlement Agreement. <br />Extensive economies have developed in reliance on those <br />rights. <br /> <br />7, The failure of all the parties to reach resolution of the <br />Tribes' reserved rights claims on the Animas and La plata <br />Rivers may result in prolonged, expensive and divisive <br />litigation. <br /> <br />10 <br />
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