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<br /> <br />1996 <br /> <br />the way the Utes' need is to be met. The Sierra <br />Club's Maggie Fox told the group, "Our oppo- <br />sition is to the Animas-La Plata Project as it is <br />currently configured, not to the action of <br />resolving legitimate obligations and needs of <br />the two tribes ... in ways that are environmen- <br />tally benign and fiscally sound, as well as eco- <br />nomically reasonable." <br />Fox, attorney Lori Potter and Southern Ute <br />councilman Ray Frost represented an array of <br />groups - the National Wildlife Federation, <br />Trout Unlimited, U.s. Public Interest Research <br />Group, Western Colorado Congress, Taxpayers <br />for the Animas River and Frost's Southern Ute <br />Grassroots Organization. <br />Poller said, "We don't start from the <br />assumption that ,anything has to be built, <br />although we are willing to discuss construc- <br />tion." <br />Frost, who has been a Southern Ute coun- <br />cil member for three years, said, "Today, I <br />bring to the table allernatives that we have dis- <br />cussed among us and that we believe would be <br />in the best interests of the tribal membership." <br />They include the kinds of ideas that ultimately <br />sank Two Forks: the use of aquifers to store <br />water underground, the expansion of existing <br />reservoirs, conservation, and exchange of <br />water with other users. <br /> <br />The weIght Of hIstory <br />By the time the half-hour opening state- <br />ments by each team were complete, Romer and <br />Babbitt had left and Lt. Gov. Schoettler had <br />taken over as facilitator. A tall woman with <br />short, gray hair, she ran the meeting with a <br />style that combined footbalI referee, New Age <br />psychologist and impatient schoolleacher. She <br />ne~ed all those attributes as the meeting <br />dragged on. An especially mind-numbing point <br />came when the attorney for the Navajo tribe <br />spoke: <br />"The Navajo Nation is the largest water <br />user in the San Juan River Basin," said Stanley <br />Pollack. "Il is also lhe largest claimant of water <br />rights in the basin. Any particular project could <br />impact OUf water rights." <br />The Navajos are in the same position as <br />the Utes: Their water rights, also dating from <br />1868, have never been adjudicated. When New <br />Mexico does finally rule on the 19th century <br />claims, this biggest of all U.S., tribes could <br />trump all non-Indian rights in lhe basin. The <br /> <br />Navajos could do to the existing and future <br />water uses what the Utes threatened to do. <br />Just as the Utes demanded, and got, recog- <br />nition of their rights 10 years ago, now the <br />Navajos and the environmentalists are at the <br />lable, using the laws that favor them to push <br />their way into the process. <br />The negotiations, which appear to have <br />been instigated by the A-LP proponents, are <br />revolutionary in their recognition of the newest <br />arrivals' right to be at the table. But there is no <br />indication of how their claims will be met. The <br />A-LP supporters have their agenda: They want <br />to negotiate specific issues, such as water qual- <br />ity and endangered fish, in the hope lhat A-LP <br />can mitigate its way to an early groundbreak- <br />ing. <br />But the opponents want to go back to <br />ground zero and study and discuss water <br />demands in the area and non-dam alternatives <br />like conservation and water storage in existing <br />reservoirs to meet those demands. <br />Emotionally, the proponents are impatient <br />- they've already waited a century, and they <br />want to cut some deals and start turning dirt. <br />Opponents have been at this for no more than a <br />decade and they want to take the time to do a <br />thorough job. <br /> <br />Emotionally, the <br />proponents are <br />impatient - <br />they've already <br />waited a <br />century, and <br />they want to <br />cut some deals <br />and start <br />turning dirt. <br /> <br />Delay may favor dam opponents <br />Although a deal may be hard to imagine <br />this early in the process, it is easy to see that <br />the political momentum is on the opponents' <br />side. Last summer, Congress came close to <br /> <br /> <br /> <br />f~ <br /> <br />@ 1996 High COUntry News - 7 <br />