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<br />000786 <br /> <br />ANIMAS - LaPLATA SOUTHERN UTE WATER RIGHTS <br />NO "WINTERS" RESERVATION FOR THE 1868 PRIORITY DATE <br /> <br />3 <br /> <br />in exchange (there had been) additional consideration - that the <br />Southern ute Tribe was to have the proceeds from the sale of unallotted <br />lands in the specific sector (Royce Area 617) held in trust with no <br />offsetting reduction in rights under prior treaties.1I The Southern <br />utes claimed that the lands in Royce Area 617 were ceded by the Treaty <br />of 1895 rather than the Treaty of 1880; and that the 1910 Accounting <br />Case ($3,408,611.90), and ~he 1950 Settlement Case ($31,438,473.43), <br />which were intended to settle claims arising out of the 1880 cession <br />exclusively, were not 'res judicata' as to the subsequent claims for <br />just compensation for taking of federal reserved lands, which were <br />donated under the Free Homestead Act (Proclamation of April 13, 1899, <br />31 Stat. 1947, 43 U.S.C.A. ~ 1790) as a violation of the Act of 1895. <br />A short history of the Colorado ute Indian cession of lands to the <br />united States indicates that: II... prior to the year 1849, the Ute <br />Indians occupied and claimed the exclusive right of occupancy to all <br />lands lying west of the Continental Divide of the Rocky Mountains in <br />what is now the Southwestern part of the state of Colorado, the <br />Northern part of the state of New Mexico, and the Eastern part of the <br />State of Utah. On December 30, 1849, the. United States entered into a <br />treaty with the Ute Indians, which was ratified by the United States <br />Senate on september 9, 1850, 9 Stat.984, by which the Indians bound <br />themselves to remove to and remain upon a Reservation to be afterwards <br />selected by the united States, and to build up pueblos or settle on <br />such reservation in such a manner as would enable them to most <br />successfully cultivate the soil and support themselves by their own <br />industry.1I (see ~~ 1, 2 united States of America v. The Morrison <br />Consolidated Ditch Co.. et. al.. "STIPULATION", IN EQUITY. NO. 7736, <br />U.S. District Court for the District of Colorado, July 14, 1930. "On <br />March 2, 1868, the Ute Indians entered into a treaty with the United <br />States, ratified by the unites States Senate on July 25, 1868, 15 Stat. <br />619, by which a Reservation was established for them by the united <br />States in accord with the provisions and purposes of the treaty of <br />December 30, 1849. ..." Thereafter, the Brunot Cession of 1873, 18 <br />Stat. 36, 1 Kappler 151, ceded some 3.7 million acres to the United <br />