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<br />. <br /> <br />. <br /> <br />Ultimately the State of Colorado and the two Ute Indian <br />Tribes were successful in accommodating the concerns of other <br />western states while still satisfying their needs. The tribes <br />agreed to take the Indian reserved water as a state water right <br />off-reservation. Furthermore, the state and tribes agreed to <br />prohibit the sale or use of water from the Animas-La Plata <br />Project or Dolores Project into the lower Colorado River basin <br />states, absent either: (1) an agreement by the Colorado River <br />Compact which would allow the sale or use of the water in the <br />lower basis states; or (2) a court decision, involving water <br />other than that from the Animas-La Plata and Dolores Projects, <br />which held that the sale of water from within upper Colorado <br />River basin states to lower Colorado River basin states is per- <br />mitted. In November 1988, the President signed into law the Col- <br />orado Ute Indian Water Rights Settlement Act of 1988 ("Settlement <br />Act").16/ <br /> <br />REMAINING CONDITIONS <br /> <br />The necessary state legislation is enacted. All federal <br />legislation is passed with the exception of: (1) the remaining <br />two annual appropriations to the tribal development fund <br />accounts; (2) continued annual appropriations for construction of <br />the Animas-La Plata Project; and (3) continued appropriations for <br />construction of the Ute Mountain Ute Tribe irrigation component <br />of the Dolores Project. <br /> <br />Also remaining is the filing of the stipulated decrees by <br />the signators to the Final Settlement Agreement in state water <br />court and the entry of the final decrees by the court. The par- <br />ties are anticipating the filing of stipulated decrees in 1990, <br />with hearings on these stipulations to occur shortly thereafter. <br />The state court will be free to enter final decrees on the <br />Navajo, Blanco, San Juan, Florida, Piedra, Pine, and Dolores <br />Rivers and McElmo Creek when the remaining two federal appropria- <br />tions to the tribal development fund have been paid. The state <br />court will be able to enter the final decree on the Mancos River <br />when water is delivered to the tribe from the Dolores Project. <br />Finality on the Animas-La Plata Rivers will occur when the <br />Animas-La Plata Project is constructed. <br /> <br />BENEFITS OF THE SETTLEMENT <br /> <br />As stated previously, Colorado and the two Ute Indian <br />Tribes believe that the negotiated settlement provides them with <br />more than they would have received had they litigated these <br /> <br />-9- <br />