WSPC12924

• File Number: 8230.400.31.F
• Description: Avon RICD
• State: CO
• Title: Related Reports
• Water Supply Pro - Doc Type: Report/Study

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Settlement Act Amendments); 6 (1996 FSFES); 7 (1998 Admin. Proposal); 10 (2000
FSEIS); and 11 (ROD).

21. As a result of this effort, the U.S. Bureau of Reclamation ("BOR")
selected "Refmed Alternative 4" ("RA4H) to implement the Colorado Ute Indian Water
Rights Settlement Act of 1988 (1988 Settlernent). Applicant's Ex. 10 (2000 FSEIS); 11
(ROD). The structural components ofRA4 include an off-stream reservoir of 120,000
AF capacity; a 280 cis pumping plant on the Animas River (the Durango Pumping Plant);
a pipeline from the pumping plant to the reservoir; and a pipeline to transport M&I water
to the Sbiprock area for the benefit of the Navajo Nation. RA4 does not include any
structural components to convey water for actual use by the Ute Tribes. Applicant's Ex.
10 (2000 FSEIS) at 2.1.1.2

22. In late 2000, Congress approved the 2000 Settlement Act Amendments to
amend the 1988 Settlement Act and provide for an alternative approach to finalize the
Ute Tribes' settlement of its reserved water rights claims on the Animas and La Plata
Rivers. Applicant's Ex. 1 (2000 Settlement Act Amendments). The settlement is based
upon a modified ALP and substitute benefits provided to the Ute Tribes. ld. The 2000
Settlement Act Amendments are consistent with RA4.

23 _ All agricultural water was removed from the settlement, with the modified
ALP water to be used only for municipal and industrial ("M&I") uses. Applicant's Ex. 1
(2000 Settlement Act Amendments) at ~ 302. Absent further express congressional
authorization, "other project features authorized by Public Law 90-537 [An Act to
authorize the construction, operation, and maintenance of the Colorado River Basin
project, and for other purposes] shaH not be commenced." Id. at ~ 302(a)(1)( C)(i).

24. Congress also determined that the decision to amend the original
settlement and related ALP construction delays necessitated an extension of time for the
Ute Tribes to decide whether to commence litigation ofthe Tribal claims. Applicant's
Ex. I (2000 Settlement Act Amendments) at ~ 303( c)(Sec. 18).

25. Section 18(c) of the 2000 Settlernent Act Amendments (Applicant's Ex. 1)
directed the Attorney General to file with this court "such instruments as may be
necessary to request the court to amend the final consent decree to provide for the
Amendments made to this Act under the [2000 Settlement Act Amendments]."

26. The Court takes judicial notice of the fact that ALP is being constructed,
and at the time this decree is entered, is approximately 40% complete.

C. The Proposed Amendments to the 1991 Consent Decrees and
Pl"oposed Changes Sought in the Change Applications.

27. Moving Parties ask this Court to make the following amendments to

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