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<br />e <br /> <br />e.. <br /> <br />A. Procedural History <br /> <br />4. In 1991, the State of Colorado, the Ute Mountain Ute Tribe, the Southern <br />Ute Indian Tribe, and the United States entered into a Stipulation for a Consent Decree <br />resulting in this Court's Consent Decrees entered December 19, 1991 in Case Nos. W- <br />1603-76A through K. Applicant's Ex. 2&3 (1991 Consent Decrees). The Consent <br />Decrees incorporated the 1986 Colorado Ute Indian Water Rights Final Settlement <br />Agreement ("1986 Settlement Agreement"), the Colorado Ute Indian Water Rights <br />Settlement Act of 1988 ("1988 Settlement Act") and. ultimately, the Stipulation for a <br />Consent Decree. Id. The Stipulation reached by the parties was based upon the 1986 <br />Settlement Agreement and the 1988 Settlement Act. ld. at Stipulation for a Consent <br />Decree, preamble. <br /> <br />5. In August 2002. Applicant, the United States of America ("United <br />States"), acting for the benefit of the Southern Ute Indian Tribe and the Ute Mountain <br />Ute Tribe (collectively the "Ute Tribes" or 'Tribes," or individually, "Tribe"), moved this <br />Court to amend the 1991 Consent Decrees on the Animas and the La Plata Rivers inCase <br />Nos. W-1603-76F and W~1603-76J. Motions to Amend Consent Decree and Stipulations <br />for Amendment to Consent Decree, Case Nos. W-1603-76F, W-1603-76J (Aug. 7,2002) <br />("Motions to Amend" and "Stipulations to Amend''); see Consent Decree, Case No. W- <br />1603-76F (Dec. 19, 1991) and Stipulation for a Consent Decree, Case No. W-1603-76F <br />(Nov. 12, 1991); Consent Decree, Case No. W-1603-76J (Dec. 19, 1991) and Stipulation <br />for a Consent Decree, Case No. W-1603-76J (Nov. 12, 1991). Appropriate notice was <br />provided. <br /> <br />3 <br /> <br /> <br />6. Also in August 2002. Applicant, the United States, acting for the benefit <br />of the Ute Mountain Ute Tribe, filed related Change Applications regarding a portion of <br />that Tribe's water rights. Application for Change of Water Right. Case Nos. 02-CW-85, <br />02-CW-86 (Aug. 26,2002) ("Change Applications"). Appropriate notice was given by <br />resume and publication pursuant to C.R.S. 937-92-3.02. Resume Notice (Sept. 20, 2002). <br /> <br />7. These cases are related in that Applicant seeks to conform limited portions <br />of the Ute Tribes' reserved water rights on the Animas and La Plata Rivers to <br />congressional direction authorizing a revised settlement of the tribes' reserved rights <br />claims on these two rivers. See Applicant's Ex. 1. Colorado Ute Settlement Act <br />Amendments 0/2000, Pub. 1. 106-554, 114 Stat. 2763A-258 (2001) (''2000 Settlement <br />Act Amendments''). <br /> <br />8. The United States is joined in these cases and filings by the Southern Ute <br />Indian Tribe, the Ute Mountain Ute Tribe. the State of Colorado ("State''), and the <br />Southwestern Water Conservation District ("SWCD") (coIlectively, the "Moving <br />Parties"). Pursuant to c.R.S. ~ 37-92~302, Statements a/OppOSition (in Support) of the <br />Change Applications were timely filed by the Ute Mountain Ute Tribe, the State and the <br />SWCD. These parties and the Southern Ute Indian Tribe support the relief sought in the <br />Motions to Amend. See, e.g., Joint Request for Amendments of Consent Decrees Entered <br />