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<br />I' <br />I <br /> <br />1993 <br /> <br />and way of life. Fred Kroeger, chairman of the <br />Southwestern Water Conservancy District, says <br />such litigation would cost hundreds of millions <br />of dollars and leave everyone's water rights in <br />limbo for 15 to 20 years. <br />Instead of litigating, the two sides negotiat- <br />ed. The tribes gave up their claim to senior rights <br />in return for, among other things, $60 million in <br />development funds, a domestic water pipeline <br />from the Dolores Project, and a one-third share <br />of the Animas-La Plata Project, then set for a <br />1990 construction start. <br />As a bonus, the coalition got two tribal <br />meptbers who have tremendous influence with <br />Congress, the courts and the public. Although <br />two-thirds of project water will go to cities, <br />coal companies and non-Indian farmers, the <br />settlement agreement turned A-LP into an <br />"Indian project." <br />That makes A-LP far trickier to oppose <br />than a normal water project. There has always <br />been intense local opposition - opposition <br />that was all the more determined because of the <br />tactics used against it. But since passage of the <br />act, the few non-local environmental groups <br />involved have handled A-LP with kid gloves. <br />The act also created a deadline. If Phase I <br />of the project isn't complete by Jan. 1, 2000, <br />the tribes can ask the courts to void the settle- <br />ment act. The year 2000 deadline let the <br />Reagan and Bush administrations put the pro- <br />ject off, but the new Clinton administration <br />can't. It must decide whether to build Animas- <br />La Plata, and soon. <br /> <br />No bigots <br />For the West, A-LP's union of Native <br />American tribes and old-time water developers <br />is an unlikely alliance. Usually, Anglos, with <br />the help of BuRec and the Army Corps of <br />Engineers, have stolen Indian water. When the <br />Indians seek to get it back, they often win <br />empty legal battles. <br />For example, in 1990 the Arapaho and <br />Shoshone tribes won over half the water in <br />Wyoming's Wind River Valley. However, the 20- <br />year, multimillion-dollar court battle led to such <br />enmity between non-Indian farmers and the <br />Indians, and so roused Wyoming, that the tribes <br />have never been able to turn that paper water <br />right into wet water. They haven't even been able <br />to leave their water in the river to create a tribal <br />fishery. <br /> <br />Sam Maynes and Southern Ute tribal <br />chairman Leonard Burch - who have worked <br />together on Animas-La Plata since the mid- <br />1960s - say they have striven to avoid that <br />kind of race war. <br />"We don't have a bunch of red-necked big- <br />ots down here against the Indians," says <br />Maynes, who also serves as general counsel for <br />the Southern Ute tribe. "We have worked <br />together with the Indians and have (a project) <br />we all can be proud of." <br />The partnership has led to a cooperative <br />atmosphere between tribal and local governments <br />in southwestern Colorado, and eliminated much <br />of the racial tension that plagues other Western <br />reservations. <br />However, Maynes is accused of exaggerating <br />the tribes' benefits in order to keep Animas-La <br />Plata afloat. The affable, gray-bearded attorney <br />has spent 30 years pushing A-LP, and along the <br />way became the undisputed king of southwestern <br />Colorado water politics. Today, Maynes is water <br />lawyer for the Southwestern Water Conservancy <br />District, the Animas-La Plata Water Conservation <br />District and five other sub-districts, and also rep- <br />resents the Southern Ute tribe, La Plata Electric <br />and, at times, Pittsburg and Midway Coal Co., <br />which owns extensive water rights in A-LP's main <br />reservoir. <br />He also owns the Durango office building <br />that houses his law firm, the BuRec field <br />office, and the Southwestern and Animas-La <br /> <br /> <br />o <br />>~iln <br />Jl1fe <br />. ........ll........d.... .d. rel!Se..............d.. ...M..... ~................................................1.........4.................to................V...........s.". . <br />Pl!1l Beatdo~~~e~~~ <br />pos\\<!for so~lb.W~llrii . <br />OOl~~that~t.~~fe;\'!: ~Wa$ <br />........Projecl,.!~.~~ijioti//.. <br />.;~rr~ waillr.l9ge~~?t1?! <br />.' .su~~~.lbattl\ll fe~~I\~~. <br />SOuthern UteleK(oilollll~.l!t'f.. ...... .' <br />williJl~~..... .. ..... .Qt!l.l.\l'7f~~lij:~ <br />4urnpiJlg the fe 'jrrigJlt!<ln.il1lP'P"~a~m~ <br />. ""',- -- ",. "-""",q\</:':':':;:::"':::':""! <br /> <br />Cl1996 High Country News - 15 <br />