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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 />their decreed water rights off-reservation, subject to applicable <br />law. Last, the state agreed to support and contribute to tribal <br />development fund accounts which would provide the tribes with the <br />resources necessary to develop their water rights. <br /> <br />The federal cost-share demand was the first major issue <br />which had to be addressed by the parties. In 1985, Congress had <br />appropriated $1 million for construction of the Animas-La Plata <br />Project, but conditioned this appropriation on a non-federal <br />cost-share agreement being in place by June 30, 1986.11/ When <br />the negotiations commenced, the federal negotiators made it clear <br />that federal approval of a cost-share plan would also be contin- <br />gent upon a final settlement of the Indian reserved water rights <br />claims. <br /> <br />With the June 30, 1986, deadline looming, the parties <br />struggled to reach a cost-share agreement satisfactory to the <br />Department of Interior and the Office of Management and Budget <br />and a settlement agreement on the reserved water right claims <br />satisfactory to all other parties to the litigation. Meeting <br />these goals proved difficult; ultimately the state and tribes <br />decided to negotiate without the federal government and to <br />attempt to reach agreement among themselves. In March 1986, Col- <br />orado and the two Ute Tribes were successful in reaching an <br />Agreement in Principle on all matters -~ non-federal cost-sharing <br />and financial participation in the construction of the Animas-La <br />Plata Project, quantification of the Indian reserved water right <br />claims on each of the rivers, and a balance of the thorny legal <br />issues concerning marketing of Indian reserved water rights. <br /> <br />In June, the federal government was asked back to the nego- <br />tiating table. Their efforts proved to be successful, and on <br />June 30, 1986, the State of Colorado, the New Mexico Interstate <br />Stream Commission, several Colorado and New Mexico water user <br />entities, the two Ute Indian Tribes and the Secretary of the <br />Interior signed a binding cost-share agreement for the construc- <br />tion of the Animas-La Plata project.12/ By signing this agree- <br />ment, the Secretary of the Interior certified that the non- <br />federal cost-share contributions were reasonable and this certi- <br />fication allowed the federal release of the first $1 million for <br />construction of the Animas-La Plata Project. To justify the <br />economics of the cost-share agreement to the Office of Management <br />and Budget, the Department of the Interior relied on a project <br />cost-benefit analysis which considered off-reservation tribal <br />leasing of water. The parties to the state water court litiga- <br />tion also agreed to a set of principles which established the <br />parameters of the negotiated settlement of the reserved water <br />right claims. <br /> <br />-5- <br />
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