WSP11103

• File Number: 8240.300.10
• Description: San Juan Recovery Implementation Program
• Basin: San Juan/Dolores
• Date: 2/1/1995
• Author: SJRIP
• Title: San Juan River Basin Recovery Implementation Program - Program Document
• Water Supply Pro - Doc Type: Publication

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Blocks 7 and 8 are currently under construction. Congress has
consistently provided annual appropriations for NIIP's
completion.

On June 30, 1986, the Under Secretary of the Interior signed an
agreement which established the principles for settlement of the
reserved water right claims of the Southern Utes and Ute Mountain
Utes and the financial arrangements for the settlement and for
the construction of ALP. The nonfederal cost sharing commitments
contained in the agreement were in satisfaction of the cost
sharing requirements of chapter IV of Public Law 99-88, 99 Stat.
293, 319-320. This agreement provided the basis for the Colorado
Ute Indian Water Rights Final Settlement Agreement, dated
December 10, 1986 ("Settlement Agreement"), which contemplates
delivery of the tribes' full water supply from the Animas-La
Plata Project by the year 2000. The Settlement Agreement was
endorsed by Congress in the Colorado Ute Indian Water Rights
Settlement Act of 1988, 102 Stat. 2973, ("Settlement Act") and
initial appropriations have been made by Congress.

The Jicarilla Apache Tribe and the United States have been
engaged in lengthy litigation to establish the quantities of
water to which the tribe is entitled. Recently, in accordance
with federal policy, the tribe has participated in extensive
negotiations to resolve the issues surrounding the full extent of
its water rights. The Department of the Interior has been a key
participant in those discussions which have focused on providing
the tribe with a water supply from the Basin.

The Department of Interior intends to use its authority to the
fullest extent possible to preserve and protect the water
resources of the tribes in the Basin. A goal of this
Implementation Program is to conserve the listed fish in the
Basin while meeting the Department's trust responsibilities to
the tribes.

1.7 WATER RIGHTS

Nothing in this Implementation Program shall be construed to
affect the right to use water under any federal or state law or
permit, federal contract, treaty, interstate compact or the right
of any party in any adjudication proceeding to determine rights
to use water or to contract for water.

The Indian tribes do not recognize that their water rights are
limited by any agreement that the States have made to apportion
water in the Colorado River Basin, including the Upper Colorado
River Basin Compact (63 Stat. 31). Therefore, the participation
in the MOU or this Implementation Program by any Indian tribe
shall not waive any tribe's claim to water in excess of any
allocation to any particular State or be deemed to bind any tribe