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<br />002473 <br /> <br />Thus, as of the late 1960's, there was some resolution of Tribal <br />claims, and a good deal of water development undertaken and <br />contemplated in the San Juan River Basin, Some but not all of this <br />development benefitted the Tribes. However, quantification of <br />Tribal claims, and their impact on non-Indians, were certainly ODen <br />questions. The United State~ Supreme Court6 established a test for <br />the amount of such claims, based on practicably irrigable acreage, <br />which includes both present and future irrigation needs. <br /> <br />Quantification of the Tribal claims in Colorado commenced in 1972, <br />when the United States Department of Justice filed reserved rights <br />claims on behalf of the two Ute Tribes in federal district court. <br />The state of Colorado and other parties intervened, and moved to <br />dismiss on the grounds that under the McCarren Amendment' <br />jurisdiction belonged in state '.yater court. The United States <br />Supreme CourtS ruled that state court was the most appropriate <br />forum in which to achieve integrated adjudication of reserved <br />rights claims. Immediately thereafter, the United States filed <br />extensive claims in state water court.9 <br /> <br /> Animas-La Plata Project Water Supply -- 1968 <br /> Irrigation Municipal and Total Total <br /> (af/yr) Industrial Supply Depletion <br /> (af/yr) (af/yr) (af/yr) <br />Colorado 138,900 62,700 201,600 112,300 <br />New Mexico 50,000 13,500 63,500 34,100 <br />Total 188,900 ;/1 I, D 76,200 ~ 265,100 I~I 2)> 146,400 <br />Ute Mountain 21,730 23,500 45,230 22,100 <br />Ute Tribe IJ..r..'l.f"o b,GbP )2 u.o <br />Southern Ute 1,370 30,000 ;!~.~.~ 31,370 22,700 <br />Tribe 3 13" Z~ ~3' <br />Total (Included 23,100 53,500 76,600 44,800 - <br />in state's <br />share above) <br /> <br />'Arizona v, California, 373 U.S. 546 (1963), <br /> <br />'43 U. S. C. 666. The McCarren Amendment consents to the joinder of the <br />United States as a defendant in any suit for the adjudication of water rights <br />where the United States owns or is acquiring such rights. <br /> <br />'Akin v, United States, 424 U.S. 800 (1976). <br /> <br />9These claims were originally filed as one pleading in the water court for <br />Division No.7, and Case No. W-1603-76, and sought confirmation of the reserved <br />rights held by the United States in trust for the Ute Mountain Ute and Southern <br />Ute Tribes, individual Indians O'olffiing trust allotments on the Southern Ute <br /> <br />.. <br />