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Last modified
7/29/2009 9:45:17 PM
Creation date
10/12/2006 3:49:37 AM
Metadata
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Template:
Water Supply Protection
File Number
8064
Description
Section "D" General Federal Issues/Policies - Indian Water Rights
Date
3/14/1985
Author
Frank E Maynes
Title
Indian Water Rights: Past and Present
Water Supply Pro - Doc Type
Report/Study
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<br />. "\'6~41 <br /> <br />. <br /> <br />. <br /> <br />/ <br /> <br />! <br /> <br />achieve the primary purposes of the reservation." Although Denver I did <br />not deal directly with Indian reservations. and it did emphasize that the <br /> <br />doctrine of implied reservation must be narrowly construed. the Colorado <br /> <br /> <br />Supreme Court's decision on this aspect of the controversy has left little <br /> <br />doubt about the central issues of Indian reserved water rights. <br /> <br />Indicative of Indian tribal awareness of the significance of Denver I <br /> <br />has been a succession of newspaper reports about the Southern Ute Indian <br /> <br />Tribal Council's possible action to reopen the proceedings on its water <br /> <br />rights. - Responding to these reports, Attorney General Woodard. in a <br />letter dated December 2. 1984. appealed to the Chairmen of the Tribal <br />Councils of the Southern Ute Indians and the Ute Mountain Ute Indians to <br /> <br />seek a negotiated settlement, assisted by personnel of his own office and <br /> <br />by the Federal Water Policy Advisory Group, a negotiating team appointed <br /> <br />by the President to promote the settlement process without litigation. In a <br /> <br />follow-up action. the Attorney General Woodard, in a letter dated Febru- <br />ary 6, 1985, directed the attention of the Solicitor, U. S. Department of <br /> <br />the Interior. to the seriousness of the dispute between the two tribes and <br /> <br />neighboring non-Indian water users. and to the advantage of timely nego- <br /> <br />tiations. Given the enormous expense of protracted litigation and the <br /> <br />enduring animosity certain to be engendered by the proceedings. it is <br /> <br />understandable that Governor Richard Lamm. in his 1985 State of the State <br /> <br />address, specifically addressed the issue of Indian water rights and <br /> <br />charged the Attorney General and the Department of Natural Resources <br /> <br />with the task of reaching "a fair and just settlement of the Indian water <br /> <br />right claims to avoid years of costly litigation." One can but hope that <br /> <br />the dedicated and sincere efforts of the parties concerned will effect this <br /> <br />worthy objective with minimum delay and with absence of ill will. <br /> <br />~;:.. - <br /> <br />11 <br /> <br />..~j~'i:,'- <br />
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