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WSPC12533
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Last modified
1/26/2010 4:16:45 PM
Creation date
8/2/2007 2:39:43 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064.100
Description
Indian Water Rights - Ute Tribes
State
CO
Basin
Statewide
Date
6/24/1998
Author
Various
Title
Statements Before the Senate and House of Representatives - RE-Colorado Ute Settlement Act Amendments of 1998 - S-1771 and HR-3478 - 06-24-98 and 07-28-98
Water Supply Pro - Doc Type
Report/Study
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<br />" <br /> <br />000753 <br /> <br />.. <br /> <br />Construction of the Animas-La Plata Project, as modified, remains essential to the settlement. Under the SettIeme. <br />Agreement, if key portions of th <br />2005 to elect whether to go back to water court to pursue their original claims in the Animas and La Plata Rivers. <br />If construction is well under way by then, I am confuIent that the Tribes will not pursue that option. However, unle <br />Congress takes prompt and decisive action to end what has become an administrative nightmare and meet the feder, <br />government's commitment to the Tribes, I fear they will look to the courts for relief. <br /> <br />Reopening of the Ute Tribes' claims would trigger litigation among the Tribes, the United States, the State of <br />Colorado, and water right holders, as well as renewed uncertainty regarding <br />As discussed above, the Tribes' reserved rights claims raise a number of complex legal andfactual issues and threat<< <br />the livelihoods of farmers and ranchers who rely on the already water-short La Plata River. Such litigation would <br />involve virtually all water users in the Animas and La Plata basins, take many years of trial and appeals, cost millio, <br />of federal state, and local taxpayer dollars, and undo decades of cooperation between Indians and non-Indians in <br />southwest Colorado. <br /> <br />I do not exaggerate. The B <br />Wind River Indian Reservation, began in 1977 and was decided by the Wyoming Supreme Court for the first time j <br />1988. In re GeneralAdjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76 (Wyo. 198~ <br />The case then went to the U.S. Supreme Court. Wyoming v. United States, 492 U.S. 406 (1989). Since then, the Ctl; <br />has been to the Wyoming Supreme Court four more times. In re General Adjudication of All Rights to Use Water i <br />the Big Horn River System, 803 P.2d 61 (Wyo. 1990); 835 P.2d 273 (Wyo. 1992); Docket Nos. 93-48 & 93-49 (Oct <br />26,1993) (unreported order dismissing appeal); 899 P.2d 848 (Wyo. 1995). Nor have the issues been finally resolve <br />There is presently a proceeding underway to resolve disputes over quantification of private rights derivedfrom trib <br />lands. All told, the State of Wyoming and the United States have spent tens of millions of dollars litigating the WiJ <br />River Reservation claims for more than twenty years, and the result is continuing conflict <br /> <br />While lobviously cannot discuss the State of Colorado's possible defenses to the United States' claims, or the like <br />outcome of the litigation, one thing is certain: there will be a big loser, whether it is the Tribes or the water users, at. <br />ultimately, the entire region will suffer. S.B 1771 is the right thing to do. The Act meets the United States' trust <br />obligations to the Ute Tribes and protects the existing property rights of all water users in the Animas and La Pia <br />basins in Colorado in a way that is fIScally and environmentally responsible. I fully support this settlement and url <br />you to do likewise. <br />
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