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<br />JUL-~(-~~ nUN U8:cb Hn <br /> <br />rAX NU. <br /> <br />1". U ( <br /> <br />000767 <br /> <br />Tribes' reserved rights claims by H.R. 3478 and S. 1771 is significantly smaller than any <br />previously proposed. <br /> <br />Thus, as of the late 1960s, there was some resolution of Tribal claims, and a good deal of water <br />development undertaken and contemplated in the San Juan River Basin. Some but not all of this <br />development benefited the Tribes. However, quantification of Tribal claims, and their impact on <br />non-Indians, were certainly open questions. The United States Supreme Court6 established a test <br />for the amount of such claims, based on practicably irrigable acreage, which includes both present <br />and future irrigation needs. <br /> <br />Quantification of the Tribal claims in Colorado commenced in 1972, when the United States <br />Department of Justice filed reserved rights claims on behalf of the two Ute Tribes in federal <br />district court. The state of Colorado and other parties intervened. and moved to dismiss on the <br />grounds that under the McCarren Amendment' jurisdiction belonged in state water court. The <br />United States Supreme CourtS ruled that state court was the most appropriate forum in which to <br />achieve integrated adjudication of reserved rights claims. Immediately thereafter, the United <br />States filed extensive claims in state water court.9 <br /> <br />AMINAS-LA PLAT A PROJECT WATER SUPPLY -- 1968 <br /> IRRIGATION MUNICIPAL AND TOTAL SUPPLY TOTAL <br /> (AFIYR) INDUSTRIAL (AFIYR) DEPLETION <br /> (AFIYR) (AFIYR) <br />Colorado 138,900 62,700 201,600 112,300 <br />New Mexico 50,000 13,500 63,500 34.100 <br />Total 188,900 76,200 265,100 146,400 <br />Ute Mountain Ute 21,730 23,500 45,230 22,100 <br />Tribe <br />Southern Ute Tribe 1,370 30,000 31,370 22,700 <br />Total (included in 23,100 53,500 76,600 44,800 <br />state's share above) <br /> <br />6 Arizona v. California, 373 U.S. 546 (1963). <br />'43 U.S.C. 666. The McCarren Amendment.consents to the joinder of the United States as a <br />defendant in any suit for the adjudication of water rights where the United States owns or is <br />acquiring such rights. <br />8 Akin v. United States, 424 U.S. 800 (1976). <br />9 These claims were originally filed as one pleading in the water court for Division No.7, and <br />Case No. W-1603-76, and sought confirmation of the reserved rights held by the United States in <br />trust for the Ute Mountain Ute and Southern Ute Tribes. individual Indians owning trust <br />allotments on the Southern Ute Reservation, and the Bureau ofIndian Affairs. Subsequently, the <br />application was amended and eleven separate applications were filed, each amended application <br />asserting water rights associated with a specific river: W-1603-76 (Navajo River); W-1603-76A <br />(Blanco River)~ W-1603-76B (San Juan River)~ W-1603-76C (piedra River)~ W-1603-76D (pine <br />River)~ W-1603-76E (Florida River); W-1603-76F (Animas River)~ W-1603-76G (Mancos <br />River); W-1603-76H (Dolores River); W-1603-761 (McElmo Creek); and W-1603-76J (La Plata <br />River). <br /> <br />5 <br />