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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 />JUL-~I-~~ MUN 08:20 AM <br /> <br />to AX NU. <br /> <br />r. UCl <br /> <br />OJ0768 <br /> <br />The Tribal claims encompassed the potential irrigation of some 93,000 acres, in over 25 stream <br />systems. Most of these lands were in the La Plata and Mancos River Basins, which were water- <br />short and over-appropriated. Success by the Tribes would totally eliminate existing non-Indian <br />irrigation, disrupting local economies and creating hostility between Indians and non-Indians. <br /> <br />The 1986 Settlement Agreement <br />and Subsequent Legislation <br /> <br />In Apri11985, many parties, public and private, convened negotiations to address the issues raised <br />by the Tribes' reserved rights claims. Several public meetings were held, and many of the <br />negotiating sessions were held in public. Principal parties included the two Tribes, the state of <br />Colorado, the state of New Mexico, the United States, the Southwestern Water Conservation <br />District, the Animas-LaPlata Water Conservancy District, and the San Juan Water Commission. <br /> <br />After intense and complex negotiations, the parties reached an agreement in principle that <br />included a binding cost-sharing agreement for construction of the Animas-La Plata Project. This <br />Agreement was titled the "Agreement in Principle Concerning the Colorado Ute Indian Water <br />Rights Settlement and Binding Agreement for Animas-La Plata Project Cost Sharing." By signing <br />the Agreement in Principle, the Secretary of the Interior certified that the non-federal cost share <br />contributions were reasonable, allowing for the federal release of the first $1 million for <br />construction of the Project. In addition to the cost sharing elements of the Agreement, the parties <br />to the state water court litigation agreed to a set of principles that established the parameters for <br />settlement of the reserved right claims. <br /> <br />After six more months of intense negotiations, the parties signed the Colorado Ute Indian Water <br />Rights Final Settlement Agreement on December 10, 1986. The Settlement Agreement contains <br />six major elements:10 <br /> <br />1. In each ofthe drainage basins. the Agreement quantified the reserved rights of the <br />Tribes. 11 <br /> <br />10 The following is a summary of the Agreement, and shall not be construed to interpret any of <br />its provisions, or be binding on any of the parties thereto. <br />11 A summary of the quantification in the various basins is set forth below: <br />Ute Mountain Ute Tribe <br /> <br />Mancos River <br /> <br />Project reserved water right from the Dolores Project, up to <br />1000 af/yr m&i, 23,300 af/yr irrigation and 800 af/yr fish <br />and wildlife development. Non-project reserved water right <br />for direct flow and/or storage of21,000 aflyr for irrigation <br />of 7200 acres. <br /> <br />Animas and La Plata Rivers <br /> <br />Project reserved water right from the Animas-La Plata <br />Project, up to 6000 afJyr m&i, 26,300 af/yr irrigation. <br /> <br />6 <br />
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