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Last modified
1/26/2010 3:19:21 PM
Creation date
10/12/2006 5:17:48 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8210.140.20
Description
Colorado River Basin Organizations and Entities - Colorado River Basin States Forum - California
State
CA
Basin
Western Slope
Date
1/1/1977
Author
Myron B Holburt
Title
Annual Report for the Calendar Year 1976
Water Supply Pro - Doc Type
Annual Report
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<br />.~ ,.. 1-: Q <br />.1.U~v <br /> <br />in Friends of the Earth v. Armstrong <br />Le., that the proviso with respect to <br />Rainbow Bridge National Monument <br />contained in Section 1 of the <br />Colorado River Storage Project Act of <br />1956 had been repealed by <br />subsequent Congressional action. <br /> <br />Central Utah Project Lawsuit <br /> <br />The Board's 1975 Annual Report <br />described a lawsuit in which thirteen <br />individual members of the Ute Indian <br />Tribe of the Uintah and Ouray <br />Reservation sought to enjoin further <br />construction on the Bonneville Unit of <br />the Central Utah Project. The Tribal <br />Council was not in favor of the <br />lawsuit and had adopted a resolution <br />supporting the 1965 agreement which <br />provided for deferral of irrigation on <br />15,242 acres of irrigable land on the <br />Reservation until development of the <br />ultimate phase of the Central Utah <br /> <br />Photoelectronic composition by <br />CAUFORNIA OffiCE OF' STATE PRlm1NC <br /> <br />vc 738W-004 4-TT 1M LOA <br /> <br />Project or 2005, whichever occurs <br />first. The dissident tribal members <br />claimed that further construction on <br />the Project would have a detrimental <br />effect on tribal water rights. <br />In August 1976, a federal judge for <br />the United States District Court for <br />Utah ruled that the individual tribal <br />members had no legal standing to <br />challenge a water deferral agreement <br />executed by the Tribe in order to <br />enable construction of the Project, <br />and the action was dismissed. <br /> <br />United States v. Akin <br /> <br />The Board's 1975 Annual Report <br />described a State of Colorado water <br />rights case, United States v. Akin, in <br />which Colorado is involved in several <br />lawsuits concerning claims of the <br />United States for reserved water <br />rights. Because the issues involved in <br />this case also affect California, the <br />California Attorney General joined <br />Colorado in the suit as amicus curiae. <br />Early in 1976, the U.S. Supreme <br />Court ruled substantially in favor of <br />the State of Colorado, in that Indian <br />water rights can be adjudicated in <br />State Courts under the McCarran <br />Amendment. The Court also held that <br />federal and state courts have <br />concurrent jurisdiction to adjudicate <br />federal water rights claims. <br /> <br />Yuma Indian Reservation <br /> <br />The issue of whether the <br />Department of the Interior wouid <br />return to the Quechan Tribe of the <br />Yuma Indian Reservation by <br />Secretarial Order about 32,000 acr~s <br /> <br />Colorado River Board of California <br />107 S. Broadway Rm. 8103 <br />Los Angeles, California 90012 <br /> <br />of land which the tribe had previously <br />transferred to the United States was <br />continued during 1976. <br />On January 6,,1976, the Board's <br />Chief Engineer attended a meeting in <br />Washington, D.C., with Secretary of <br />the Interior Thomas S. Kleppe and <br />others to discuss California's reasons <br />why this land transfer should be <br />denied. A similar meeting between the <br />Secretary and representatives of the <br />Quechan Tribe was held at a later <br />date. <br />By letter, dated February 2, 1976, <br />Solicitor H. Gregory Austin informed <br />the Quechan Tribe of his decision not <br />to disturb the Opinion written by <br />Solicitor Margold in 1936. Solicitor <br />Margold concluded that the lands <br />claimed by the Tribe were ceded to <br />the United States by the Treaty of <br />1893, and the Tribe's relinquishment <br />of those lands was effective upon <br />ratification of the Treaty by Congress <br />in 1894. In early 1977, Solicitor Austin <br />issued a neW Solicitor's Opinion, <br />M-36886, which reaffirmed the <br />Margold Opinion. <br />
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