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JUL-2/-~H MON 09:27 AM FAX NO. t". 10 0007/0 2. The Tribes waived ancillary breach of trust claims against the United States. 3 . The Tribes agreed to specific conditions concerning the administration and use of reserved water rights, so as to integrate such administration into administration of non-Indian water rights. These conditions included beneficial use as a limiting condition, monitoring of water usage, sharing of streamflow data, and judicial change in use proceedings in Co'lorado state water court when required. The Tribes agreed that state court had jurisdiction over all water on the Reservations not decreed to the Tribes as reserved water rights, including both unappropriated water and state appropriative rights. The parties agreed to the entry of consent decrees in state water court. 4. The Tribes received commitments to obtain $60.5 million in Tribal Development Funds, to enable the development of water and assist in economic self- sufficiency. 12 5. The non-federal parties agreed to significant cost sharing of the Animas-La Plata Project and Tribal Development Funds. 13 The parties agreed to seek Congressional deferral of Tribal repayment of certain project costs until the water from the projects was actually put to beneficial use. 6. The parties agreed to seek Congressional relief from the Non-Intercourse Act14 limitations on Congressional oversight over the use of reserved water rights. The Tribes were allowed to sell, exchange or lease water outside the Reservations, within or outside the state of Colorado, subject to state and federal law, interstate compacts and the law of the Colorado River. 12 Of this amount, $20.0 million was to be earmarked for the Southern Ute Tribe, and $40.5 million for the Ute Mountain Ute Tribe. The Funds were created by the following contributions: $5.0 million from the State of Colorado $6.0 million from the State of Colorado in the form of the construction of the Towaoc Pipeline and a domestic water distribution system for the Ute Mountain Ute Tribe (The actual amount spent by Colorado was $7.8 million.) $49.5 million from the United States, in three installments 13 The State of Colorado committed to the expenditure of $60.8 million toward these purposes. This money has either been spent, or is on deposit as restricted funds. The state has spent $7.8 million in the construction of the Towaoc Pipeline, $5.0 million to the Tribal Development Fund, and $300,000 toward a portion of the construction of the Animas-La Plata Project. The state has committed in restricted funds $42.4 million held by the Colorado Water and Power Development Authority for the cost share toward phase I of A-LP, and $5.3 million held in the construction fund of the Colorado Water Conservation Board toward cost share of the Ridges Basin Reservoir. 1425 U.S.C. 177. . The Non-Intercourse Act requires Congressional approval of the transfer of Indian trust property. 8