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Last modified
1/26/2010 4:34:48 PM
Creation date
4/11/2008 10:09:30 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8240.200.10.A
Description
Upper Colorado River
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
7/28/1999
Author
UCRC Workgroup
Title
Case Study on the Upper Colorado River Basin
Water Supply Pro - Doc Type
Report/Study
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<br />settlers. In excess of 100,000 acres of irrigable land was allotted to tribal members. In 1906, <br />Congress authorized and appropriated funds for the construction of a federal irrigation project for <br />the irrigable allotments in the Duchesne River Basin. This Project is called the Uintah Indian <br />Irrigation Project and is owned and operated by the Bureau ofIndian Affairs. No funds were <br />appropriated to build storage facilities for the Project, even though it was evident that without <br />storage, it would not be possible to irrigate all the Project lands for a full irrigation season. <br />However, at least 22 canals were completed by 1922. <br /> <br />The Project was constructed to serve 78,950 acres of the irrigable allotments. No tribal lands <br />were included in the Project, although the Tribe has since acquired a substantial number of <br />allotments in the Project. The Project is presently delivering water to about 60,000 acres; <br />approximately 28,500 acres served by the Project are now held in fee by non-Indians. Land <br />ownership patterns in this area resemble a checkerboard. The lands served by the Project are <br />classified as Groups 1, 2 and 3 in accordance with a report on practicably irrigable acreage on the <br />Reservation prepared by E. L. Decker, the Tribe's water engineer, in 1960. Water is delivered to <br />the Group 1 Project lands from two river systems---the Lake Fork-Yellowstone Rivers and the <br />Uinta-Whiterocks Rivers, tributaries of the Duchesne River. Water from these two river systems <br />was decreed for lands in the Project in two Federal Court Decrees in Equity Nos. 4418 and 4427, <br />both dated March 16, 1923. The Decrees adjudicated the entire natural flow on both river <br />systems, for irrigation, domestic, culinary and stockwatering purposes, between lands within the <br />Project and non-Indian lands outside the Project. Historically, the water supply from these rivers <br />has been insufficient to deliver a full water supply to the Group 1 lands because of the lack of <br />storage. <br /> <br />24 <br /> <br /> <br />Water is delivered from the Duchesne River to Group 2 and 3 lands. At the request of the BIA, <br />the State Engineer certified water rights for the Group 2 and 3 lands on the Duchesne River and <br />has recognized an 1861 priority for those lands. Those water rights have not, however, been <br />adjudicated or decreed. Water currently is delivered to these lands pursuant to a state court order <br />issued annually pending completion of a general stream adjudication filed on March 5, 1956, by <br />the Utah State Engineer, In the Matter of the General Determination of the Rights to the Use of <br />All the Water, Both Surface and Underground, Within the Drainage Area of the Uintah Basin. <br />"Uintah Basin" in this title represents a land area not a specific river basin. The United States <br />has not yet been served in that general stream adjudication. The State of Utah has agreed not to <br />serve the United States in the General Stream Adjudication in the hopes that a settlement of the <br />Tribe's reserved water rights can be reached. (We are now 45 years into that negotiation <br />process.) The Bureau oflndian Affairs with the Tribe's concurrence has agreed to follow the <br />delivery schedule adopted annually by the Court (only used in water-short years) while <br />negotiations are ongoing. An informal stay of the adjudication exists pending completion of <br />negotiation and ratification of a water compact between the State and the Tribe, and approval by <br />the United States. <br />
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