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<br />OOJ787
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<br />ANIMAS - LaPLATA SOUTHERN UTE WATER RIGHTS
<br />NO "WINTERSn RESERVATION FOR THE 1868 PRIORITY DATE
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<br />states. The Brunot Cession came as a result of the discovery of large
<br />and valuable mineral deposits on the Reservation. The united states,
<br />in the Brunot Cession of 1873, persuaded the Confederated Bands to cede
<br />that east - central portion of the original 1868 reservation. (For
<br />other Acts involving Colorado ute lands and the legislative history
<br />relating to those lands see also the Act of February 20, 1895, (~~ 2-6,
<br />5, 28 stat. 677): the Act of June 18, 1934, liThe Indian Reorganization
<br />Act.. (~~ 3,7, 48 stat. 984): the Act of March 9, 1909, 35 stat. 788:
<br />the Act of June 28, 1938, tiThe Colorado Ute Restoration Act of 1938",
<br />52 stat. 1209: the Act of July 15, 1941: the Act of June 15, 1880, 21
<br />stat. 199, 1 Kappler 180: and see also The Treaty of 1868, 15 stat.
<br />619, 2 Kappler 990: the Presidential Executive Order of November 22,
<br />1875 and see also the 1950 Settlement Case, No.46640, 17 ct. Cl.
<br />433,436 (1950).
<br />The Utes had exchanged their aboriginal lands, by the treaties of
<br />1849, 1864, and 1868, ... for a reservation of approximately 15.7
<br />million acres, lying wholly within Colorado, 9 stat. 984 (1849), 13
<br />stat. 673 (1864), and 15 stat. 619 (1868). Then the Utes had approved
<br />the Brunot Cession of 3.7 million acres of the east-central portion of
<br />that reservation after mineral deposits had been discovered, 18 stat.
<br />36 (1874). Then the Presidential Executive Order of November 22, 1875
<br />had granted, without congressional approval or modification, to the
<br />White River and Uncompahgre Utes the use of other lands in Colorado
<br />"... making available to the Ute Indians certain lands outside the
<br />treaty reservation (which) did no more than make the Indians tenants at
<br />will of that part of the land outside the reservation, and did not
<br />operate to convey any compensable interest in such lands so as to
<br />require payment to the Indians by the United states on the restoration
<br />of the land to the public domain. (see Confederated Band of ute Indians
<br />v. United states, 330 U,S. 179-180, 67 S.Ct.650, 655, 91 L. Ed. 823
<br />(1947) all'g 64 F. Supp. 569, 106 Cl. ct. 33 (1946}}."
<br />For a map of the Indian Lands cession, see Pl. CXVI, by Charles
<br />Royce, in Indian Land Cessions, 18th, Ann. Rep., Bureau of Amer.
<br />Ethnology, Pt. 2 (1896-1897).
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