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<br />JUL-27-98 MON 09:29 AM <br /> <br />FAX NO. <br /> <br />P. 14 <br /> <br />000774 <br /> <br />. It is within the scope of substantial environmental compliance documentation and <br />'alternatives analysis completed under federal law. <br /> <br />Conclusion <br /> <br />H.R. 3478 and S. 1771 represent the culmination of years of effort, negotiation and compromise <br />by the Tribes and water users who signed the 1986 Settlement Agreement. They represent the <br />last and best effort to resolve finally and conclusively the reserved rights claims by the Tribes in a <br />cooperative way. There are some interests that will assert that there are other alternatives to that <br />in H.R. 3478 and S. 1771 to deliver water to the Ute Tribes. One alternative in particular would <br />set up a trust fund to buy water from non-Indians and deliver it to the Tribes. However, no other <br />alternative satisfies the principles that were settled in the 1986 Agreement. These principles, in <br />settlement of litigation, were achieved in that agreement, and are as follows: <br /> <br />. Vested property rights held by owners of state decreed water rights should not be <br />compromised. <br /> <br />. Existing economies should be protected. <br /> <br />. Existing uses should be protected by a "no injury" standard. <br /> <br />. Reserved rights claims should be quantified by state water court, not by Congress or in <br />federal courts, and should be administered in a coordinated fashion with non-Indian water <br />rights. <br /> <br />. The Tribes' legitimate needs, such as the lack of a potable water supply for Towaoc, <br />should be met. <br /> <br />There is no other alternative than that embodied in H.R. 3478 and S. 1771 that will satisfy these <br />principles. The State of Colorado urges Congress to enact this legislation and bring to conclusion <br />the settlement of the reserved rights claims of the Colorado Ute Tribes. <br /> <br />12 <br />