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<br />000785 <br /> <br />ANIMAS - LaPLATA SOUTHERN UTE WATER RIGHTS <br />NO "WINTERS" RESERVATION FOR THE 1868 PRIORITY DATE <br /> <br />2 <br /> <br />utes asserted a claim against the united States before the Indian <br />Claims commission based upon the government's failure to comply with <br />its fiduciary duty under 1.) the Act of 1880 and 2.) the Act of 1895, <br />whereby proceeds from the government's disposition of certain Colorado <br />lands ceded by the Tribe to the government were to be held for the <br />tribe's benefit." <br />The united states Supreme Court invoked res judicata in United <br />states v. Southern Utes or Band of Indians, 91 S. ct. 1336, (April 26, <br />1971) "... by reason of a consent decree entered in an earlier action <br />against the United states by the Confederated Bands of Utes (seven <br />bands), including the claimant tribe, which judgement recited that it <br />was 'res judicata' as to any Colorado lands formerly owned or claimed <br />by the plaintiffs therein and ceded to the government under the 1880 <br />Act. (see 1950 Settlement Case, No.46640 (117 ct. Cl. 433,436 [1950]) II <br />(The current tribe known as the Southern Utes is comprised of the <br />Moache and Capote bands of Utes; and the Ute Mountain Utes, so named <br />and recognized in 1940, is comprised of the Weeminuche band of utes.) <br />The Indian Claims Commission had "affirmed and remanded" the <br />original claim, 21 Ind. Cl. Comm. 268, on the "grounds that the lands <br />involved in the instant claim had not been ceded to the government by <br />the 1880 Act, but rather had been ceded by the utes to the United <br />states in the Act of 1895." The united states appealed to the Court of <br />Claims where it affirmed (423 F. 2d 346 - see above) the Indian Claims <br />Commission action. <br />When the united states Supreme Court REVERSED in united States v. <br />Southern Utes or Band of Indians, 91 S. ct. 1336, (April 26, 1971), it <br />held the claim of res judicata, "... since (1) the 1880 Act, on its <br />face, includes lands involved in the instant claim, and (2) the record <br />did not support the conclusion that such lands were not intended to be <br />ceded... or that the plain words had been varied under the doctrine of <br />estoppel." The contention of the plaintiff Southern Ute Tribe, which <br />was rejected by the Supreme Court, was that II... whereby the 1895 <br />Treaty, the Southern Ute Tribe ceded the same part of their <br />reservation, Royce Area 617, as they had ceded in the 1880 Treaty, but <br />