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<br />theoriginal Ute Indian Reservations were es-
<br />.tablished in 1868 from a portion of the historical Ute
<br />home lands in Western Colorado. The US. Su-
<br />preme Court in the landmark Winters case in 1908
<br />r~cifconfirmed that water was reserved for Indian reser-
<br />. vations upon their establishment. Thus, the Southern
<br />.Ute Mountain Utes have water right claims with
<br />S:6&~riority date, the most senior in the San Juan
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<br />Seven rivers in southwestern Colorado flow
<br />through the Southern Ute Indian and Ute Mountain
<br />. UteTriballands. Since the Colorado Utes' reserved
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<br />water rights claims are senior to those of all other
<br />water users in the San Juan and Dolores Basins in
<br />Colorado, and since the Navajo Nation and Jicarilla
<br />Apache Tribe in New Mexico have claims on the
<br />. water of the San Juan River in New Mexico, the
<br />resolution ofIndian reserved water rights claims is
<br />. critical to all water users in the Basin, both in Colo-
<br />(land New Mexico.
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<br />
<br />Historically, in southwestern Colorado, con-
<br />.flicts between Indian and non-Indian water rights
<br />have been resolved through negotiations and in-
<br />creased water storage. For example, Vallecito Res-
<br />".,.,e!yoir helped to resolve disputes between Indian and
<br />. non-Indian water users on the water-short Pine
<br />River. Claims to surface water rights were adjudi-
<br />cated in] 930. In orderto meetthewater needs of
<br />. Indians and non-Indians alike, the non-Indian water
<br />. users and the Southern Ute Indian Tribe proposed
<br />. construction of V allecito Reservoir. Completed in
<br />l: 1942, V allecito Reservoir provides irrigation water
<br />and some municipal water to eastern La Plata County
<br />l'. and Southern Ute Indian Tribal lands. The Southern
<br />b;<JDte Indian Tribe's reserved water rights claims were
<br />then quantified in a consent decree in state water
<br />court in case W-1603-76D decreed in ] 99], con-
<br />. firming a ] 930 decree and the Tribe's entitlementto
<br />~:g~e-sixth ofth~storage in V allecito Re~~r:~
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<br />The December I 0, I 986 Colorado Ute Indian
<br />FinalWater Rights Settlement Agreement, an agree-
<br />ment that satisfies both Indian and non-Indian water
<br />needs, resolved the Tribes' reserved water rights
<br />claims not only on the Pine, but also on the Florida,
<br />Piedra, Navajo, Blanco and San Juan Rivers, plus
<br />McElmo Creek and several other streams that cross
<br />Indian Reservation lands. The Settlement Agree-
<br />ment also provided $60 million dollars in develop-
<br />ment funds for both Colorado Ute Tribes. As part
<br />ofthe Settlement Agreement, the State of Colorado
<br />built a Ute Mountain Ute domestic water pipeline
<br />and is scheduled to participate financially in the
<br />construction ofthe Animas- La Plata Project.
<br />
<br />As part of the Settlement Agreement, the
<br />Dolores Project provides the Ute Mountain Ute
<br />Tribewith water from McPhee Reservoir, located
<br />near Dolores, Colorado, to meet the Ute Tribes'
<br />reserved water rights claims on the Mancos River,
<br />including] ,000 acre-feet of municipal water, 23,300
<br />acre-feet of irrigation water, plus 800 acre feet of
<br />water for fish and wildlife The Settlement Agree-
<br />ment provides details on how that water can be used
<br />based on Dolores Project operations. The Settle-
<br />ment Agreement also settled Ute Mountain Ute
<br />claims on the San Juan River and Navajo Wash.
<br />The agreement provides waterforthe Ute Mountain
<br />Utes' eastern reserved lands from the Animas-La
<br />Plata project to resolve claims on the La Plata River,
<br />which includes 6,000 acre feet ofM& I water plus
<br />26,300 acre feet of irrigation water
<br />
<br />The Settlement Agreement provides the Southern
<br />Ute Indian Tribe with a reserved water right in the
<br />Animas-La Plata Project of26,500 acre-feet of
<br />M&I water and 3,400 acre-feet of irrigation water
<br />to settle the Tribe's reserved water rights claims on
<br />the Animas and LaPlata Rivers For both Colorado
<br />Ute tribes.;c;lailIl$ Quthe.Anirnas and La Plata Rivers
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<br />are fulfilled only if the Animas-La Plata Project is
<br />built in a timely manner. ]f water is not delivered
<br />from the Animas-La Plata Project by the year
<br />2000, by the year 2005 the Tribes must
<br />determinewhether to retain their Project water
<br />allocations or whether to commence litigation or
<br />renegotiation oftheir reserved water right claims
<br />on both the Animas and La Plata Rivers.
<br />
<br />The uncertainty over the unfulfilled water
<br />rights claims on the Animas and La Plata Rivers,
<br />because of delays in tlie construction ofthe Animas-
<br />La Plata Project, is of major concern to the non-
<br />Indian water users whose water rights are in jeop-
<br />ardy until the terms ofthe Settlement Agreement
<br />have been fulfilled.
<br />
<br />Historically, the majority of the Colorado
<br />Congressional Delegation, most federal agencies,
<br />the States of Colorado and New Mexico, local
<br />water districts in Colorado and New Mexico and
<br />the Colorado Ute Tribeshave supported the Settle-
<br />ment Agreement. Environmental groups, a few
<br />local residents, the Environmental Protection
<br />Agency and some Congressmen from other states
<br />have been reluctant to recognize the Settlement
<br />Agreement and the need to construct the Animas-
<br />La Plata Project to fulfill the promises to the Tribes
<br />under the Agreement. The position of the Southc
<br />western Water.Conservation District is that the
<br />Settlement Ad must be honored and the Animas-
<br />La Plata Project must be constructed to provide
<br />water for both Indians and non-Indians in the San
<br />Juan Basin with environmental impacts of the
<br />Project reasonably met.
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<br />Edited by Janice Shejle/,
<br />Maynes, Bradford, Shipps & Shejle/
<br />Durango. Colorado
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