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<br />3. White riv~boating activity could be~urtailed by impoundment <br />of spring flows. Present operational plans provide nearly the same <br />number of boating days with controlled spills with the project as with- <br />out the project. <br /> <br />Indian Interests <br /> <br />Up to this time, no water has ever been adjudicated or allocated <br />to Ute Mountain Ute Indian reservation. Under the terms of a treaty of <br />1868, the entire Dolores River basiLl and other lands in western Colorado <br />were granted to the Ute Indian nation by the terms of which ". . . the <br />United States now solemnly agree that no persons, except those herein <br />authorized to do so, and except such officers, agents, and employees of <br />the government as may be authorized to enter upon Indian reservations <br />in discharge of duties enjoined by law, shall ever be permitted to pass <br />over, settle upon, or reside in the territory described in this article. <br />II <br /> <br />Subsequent to the 1868 treaty, white prospectors illegally tres- <br />passing upon Indian lands discovered large and valuable mineral deposits <br />in the San Juan mountains area. As a result, the United States broke <br />the treaty of 1868 and re-established the Indians on new lands by the <br />so-called Treaty of 1873. This new treaty removed most of the Dolores <br />River watershed from the Indian lands. In 1880, the United States <br />broke the Treaty of 1873 and removed the remaining portion of the <br />Dolores River basin from the Indian reservation. At the present time, <br />no portion of the Dolores River flows through the remaining part of the <br />Indian reservation, which is located in the extreme southwestern corner <br />of the state. <br /> <br />The Ute Mountain Ute Indian tribe now hauls its drinking water on <br />a daily basis from the town of Cortez, a round trip of approximately <br />24 miles. The Indians have purchased a small amount of water from the <br />Montezuma Valley Irrigation Company and irrigate a small tract of land <br />near the Indian community of Towaoc. As an interim solution to the <br />community water supply, a small treatment and storage system has been <br />constructed on the reservation to utilize the irrigation water for <br />domestic purposes. <br /> <br />The Dolores project will furnish irrigation water for about 7,500 <br />acres of Indian lands in the Towaoc area and an additional 1,000 acre- <br />feet of water annually for a domestic water supply for the tribal <br />community. This supply for the Indian tribe is being planned as an <br />integral part of the Dolores project. <br /> <br />The pending water litigation in the federal courts concerning the <br />waters of the San Juan basin does not include the Dolores River basin. <br />What claim, if any, the United States intends to assert on behalf of <br />the Ute Mountain Ute Indian tribe for the waters of the Dolores River <br />basin is not known at this time. However, the Ute Mountain Ute tribe <br />has indicated a willingness to forego any claim it may have on the <br />Dolores River in return for water from the Dolores project. <br /> <br />Current Status <br /> <br />Advance planning studies were initiated on the Dolores project in <br /> <br />-4- <br />