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<br />000791 <br /> <br />ANIMAS - LaPLATA SOUTHERN UTE WATER RIGHTS <br />NO .WINTERS. RESERVATION FOR THE 1868 PRIORITY DATE <br /> <br />8 <br /> <br />Southern ute Indian Tribe' water rights to be stored in the proposed <br />Animas-LaPlata Project, stipulating: <br />"A water right to water supplied from the Animas-LaPlata Project. <br />THIS WATER RIGHT SHALL HAVE A MARCH 2, 1868, PRIORITY DATE, SHALL BE <br />SUBORDINATED TO ALL WATER RIGHTS DECREED AND SENIOR TO THE ANIMAS- <br />LAPLATA PROJECT (emphasis added), and shall share, on a pro rata basis, <br />the priority of the Animas-LaPlata Project, which has an adjudication <br />date of March 21, 1966, and AN APPROPRIATION DATE OF SEPTEMBER 2, 1938. <br />(see C. A. 1751-B, District Court, LaPlata County, Colorado). <br />"1. The water right shall entitle the Tribe to receive and <br />beneficially use, on that part of the Southern ute Reservation <br />within the State or within the boundaries of the Animas-LaPlata <br />Water Conservancy District, the following allocations of water <br />from the Animas-LaPlata Project, as measured at Ridges Basin Dam <br />and Reservoir, or at a point on the Animas River where diversions <br />are made to the Durango Pumping Plant, or, for LaPlata River <br />water, at a point on the LaPlata River where water is diverted for <br />project purposes: <br />"(a.) a maximum of 26,500 acre-feet of water per annum of <br />municipal and industrial water: and <br />n(b.) a maximum of 3,400 acre-feet per annum of agricultural <br />irrigation water." <br />Given the statement by the United States Supreme Court in United <br />states v. Southern Utes or Band of Indians, 28 L. Ed. 2d 695, 91 S. ct. <br />1336, (April 26, 1971) that n... in this opinion we find no creation <br />of a reservation for the Southern Utes in the Act of 1880, nor can we <br />find any words of cession in the Act of 1895n, then the determination <br />of any 1868 water right for the Southern Utes established after the <br />date of decision in Southern Utes must come under question. <br /> <br />.............. <br /> <br />United States Supreme Court <br />Arenas v. United states, 64 S.ct. 1090, (May 22, 1944), 9 Cir., <br />