Laserfiche WebLink
<br />00079fl <br /> <br />ANIMAS ... LaPLATA SOUTHERN UTE WATER RIGHTS 7 <br />NO "WINTERS" RESERVATION FOR THE 1868 PRIORITY DATE <br /> <br />cited the McCarren Amendment, 43 U.S.C. ~ 666, and its doctrine of <br />abstention, which requires deference to state court proceedings. J. <br />Brennan continues: "... that the McCarren Amendment includes consent to <br />determine in state court reserved water rights held by the United <br />states on behalf of the Indians..... J. Brennan opined further that <br />"Colorado applies the doctrine of prior appropriation in establishing <br />rights to the use of waters (see Coffin v. Left Hand Ditch Co., 6 Colo. <br />443 (1882); and he also cited winters v. United States, 207 U.S. 564, <br />28 S. ct. 207, 52 L. Ed. 340 (1908); Arizona v. California, 373 U.S. <br />546, 83 S. ct. 1468, 10 L. Ed. 2d 542 (1963); United States v. Dist. <br />Court for Eagle County, 401 U.S. 520, 91 S. ct. 998, 28 L. Ed. 2d 278 <br />(1971) and United States v. Dist Court for Water Div. 5, 401 U.S. 527, <br />91 S. ct. 1003, 28 L. Ed. 2d 284 (1971). <br />The importance of the Colorado River Water Conservation District <br />v. United States (No. 74-940) and Ma~ Akin v. United States (No. 74- <br />949) 47 L.Ed. 2d 483, 96 S. ct. 1236, March 24, 1976) cases was to <br />block the determination of the "reserved" water rights of the United <br />States at Mesa Verde, Yucca House National Monument, Hovenweep National <br />Monument, various Bureau of Reclamation projects, and the trust waters <br />held for the Ute Mountain Ute and the Southern Ute Indian Tribes. <br />In United States v. Ma~ Akin, 504 F. 2d 115, (October 2, 1974) <br />some 1200 defendants from many diverse areas of southwestern Colorado <br />were named. Resolution of the determination of the "reserved" water <br />rights of the United States, and those for the named parties, was never <br />accomplished in Federal District Court "... due to the presence of <br />concurrent state proceeding". The applicable "state proceeding" for the <br />determination of water rights for Southwest Colorado is Case # W-1603- <br />76F, Water Division 7, Colorado, (November 13, 1991). <br />The determination in District Court, Water Court Division 7, <br />Colorado addressing the question of the date of "reservation" (see <br />subparagraph 7(A) - "RESERVED WATER RIGHTS FOR THE SOUTHERN UTE INDIAN <br />TRIBE" that decrees to the Southern Utes certain water rights <br />appropriations ( see Case No. W-1603-76 F ) wherein parties to W-1603- <br />76F stipulated in a consent decree to an appropriation date for <br />