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<br />'.', <br /> <br />. <br /> <br />. <br /> <br />" .0539 <br /> <br />nearby tracts, diminished the productive land on the reservation by more <br /> <br />than half. Aided in their efforts by the Federal Government, the Ak-Chin <br /> <br />initiated legal proceedings, then found that settlement by negotiation, <br /> <br />affirmed by legislation, was the course of wisdom. Thus the enactment of <br /> <br />Public Law 95-324, the Ak-Chin Indian Community Act of 1978, affords a <br /> <br />useful illustration of an effective approach to resolving Indian water rights <br /> <br />problems. In the months and years ahead, water lawyers of the western <br /> <br />states should certainly include negotiation as an essential component of <br /> <br />settlement. <br /> <br />Illustrative of the state of Colorado's awareness of the merits of <br /> <br />negotiation over Indian water rights is the initiative reflected in ao:tions of <br /> <br />its Attorney General. For example, in a memorandum dated December 1, <br /> <br />1983, directed to his Assistant Attorney General, Natural Resources Sec- <br /> <br />tion, Duane Woodard emphasized the attractive aspects of the Animas-La <br /> <br />Plata Project from the standpoint of resolving Indian water claims. Noting <br /> <br />that the state "wou Id save a great deal of money if the claims were set- <br /> <br />tied ," he added the comment that "even though it would physically provide <br /> <br />water only in the Animas and La Plata drainages, it should be helpful in <br /> <br />resolving the Indian claims in all drainages of the reservation," and he <br /> <br />urged effort in "tying funding for the project to a settlement agreement." <br /> <br /> <br />A memorandum to the Colorado Water Conservation Board. dated <br /> <br />September 1 1, 1984, reviewed the status of United States claims to <br /> <br />reserved water rights on behalf of the Southern Ute and Ute Mountain Ute <br /> <br />Indian Tribes. The memorandum made clear that any decreed reserved <br /> <br />water right "will entitle the tribes to a priority date . . . senior to most <br /> <br />established water rights in Colorado," thereby posing a clear threat to <br /> <br />historical patterns of private and public water use. This is the litigative <br /> <br />i~~.;- .' <br /> <br />9 <br /> <br />~,.",."..~ ~--- .~..-'.. -............~..._.;. -~--- ~ ~ ~ - .. ...:-:~' _. ~~.._- -._. --"~ <br />