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<br />032474 <br /> <br />The Tribal claims encompassed the potential' irrigation of some <br />93,000 acreS, in Over 25 stream systems. Most of these lands Were <br />in the La plata and Mancos River Basins, which were water-short and <br />over-appropriated. Success by the Tribes would totally eliminate <br />existing non-Indian irrigation, disrupting local economies and <br />creating hostility. <br /> <br />The 1986 Settlement Agreement <br />and Subsequent Legislation <br /> <br />In April 1985, many parties, public and private, convened <br />negotiations to address the issues raised by the Tribe's reserved <br />rights claims. The state of Colorado's negotiating position was <br />based on several principles: <br /> <br />vested property rights held by owners of state decreed <br />water rights would not be compromised, <br /> <br />existing economies should be protected; <br /> <br />existing uses should be protected by a "no injury" <br />standard; <br /> <br />reserved rights claims should be quantified by state <br />water court, not by Congress or in federal courts; and <br /> <br />the Tribes' legitimate needs, such as the lack of a <br />potable water supply for TowaGc, should be met. <br /> <br />After intense and complex negotiations, an agreement in principle <br />was reached that included a binding cost-sharing agreement for <br />construction of the Animas-La Plata Project. This Agreement was <br />titled the "Agreement in Principle Concerning the Colorado Ute <br />Indian Water Rights Settlement and Binding Agreement for Animas-La <br />Plata Project Cost Sharing." By signing the Agreement in <br />Principle, the Secretary of Interior certified that the non-federal <br />cost share contributions were reasonable, allowing for the federal <br />release of the first $1 million for construction of the Project. <br />ln addition to the cost sharing elements of the Agreement, the <br />parties to the state water court litigation agreed to a set of <br />principles that established the parameters for settlement of the <br />reserved right claims. <br /> <br />Reservation, and the Bureau of Indian Affairs. Subsequently, the application was <br />amended and eleven separate applications were filed, each amended application <br />asserting water right"s associated with a specific river: W-1603-76 (Navajo <br />River); W-1603-76A (Blanco River); W-1603-76B (San Juan River); W-1603-76C <br />(Piedra River); W-1603-76D (Pine River) ; W-1603-76E (Florida River); W-1603-76F <br />(Animas River) ;.W-1603-76G (Mancos River:'; W-1603-76H (Dolores River); W-1603-761 <br />(McElmo Creek I ; and W-1603-76J (La Plata River) . <br /> <br />5 <br />