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WSP09057
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Last modified
1/26/2010 2:50:54 PM
Creation date
10/12/2006 3:26:17 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.106
Description
Animas-La Plata
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
3/31/1990
Author
Lois G. Witte - DAG
Title
State and Tribal Partnerships in Negotiated Water Settlements: What Can Be Achieved--The Colorado Ute Indian Water Rights Settlement
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />to both sides. The Settlement Act was the first Indian water <br />rights settlement passed by Congress which fully addressed how an <br />Indian reserved water right will look and be treated if used off- <br />reservation. Many concepts included in the settlement were con- <br />troversial, but in the end proved to satisfy not only Colorado <br />and the two Ute tribes, but also the other users on the Colorado <br />River. Whether these concepts are equally applicable in other <br />parts of the west or for other water rights settlements is debat- <br />able. They worked for Colorado and these two tribes, but may not <br />work elsewhere. Attempts to fashion national Indian policy by <br />making all Indian water rights settlements uniform are eminently <br />unworkable. <br /> <br />The key to the success of these negotiations lay in the <br />powerful state/tribal coalition which ultimately proved insur- <br />mountable. By identifying and respecting each other's needs, and <br />resisting external pressures which attempted to weaken and under- <br />mine their coalition, the tribes and the state were able to get <br />what they wanted and needed from Congress. Ultimately, the expe- <br />rience also reinforced what the parties already knew: when it <br />comes to solving problems involving state and tribal lands and <br />resources, the state and the tribes are better equipped to solve <br />the problem than the federal government. The partnership of <br />state and tribal government is one dedicated to resolving a <br />shared problem and their solution can be carefully crafted. <br />Resolving Indian water rights conflicts on the national level <br />often means addressing the issues in terms of the lowest common <br />denominator which fits all settlements, resulting in a crude <br />solution which does not serve the needs of the parties. <br /> <br />1/ In addition, for the Animas and La Plata Rivers and the <br />Mancos River, final resolution of the Indian reserved water <br />rights claims will not occur until the federal government com- <br />pletes construction of the Animas-La Plata Project and the reser- <br />vation irrigation component of the Dolores Project, respectively. <br />A May 4, 1990, draft biological opinion for the Animas-La Plata <br />Project, which determines that the project may jeopardize the <br />continued existence of the Colorado squawfish and that there are <br />no reasonable or prudent alternatives to mitigate this damage is <br />the most recent threat to construction of the Animas-La Plata <br />Project. <br /> <br />~ 43 U.S.C. S 666, the McCarran Amendment authorizes joinder <br />of the United States in state court as a party defendant in any <br />suit for the adjudication of rights to the use of water or for <br />the administration of the water rights when the United States is <br /> <br />-11- <br />
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