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<br />. <br /> <br />e <br /> <br />e <br /> <br />subparagraphs (i)-(vii) of Paragraph 6.A. and subparagraphs (i).(vii) of Paragraph 7.A. of <br />the 1991 Stipulations which were incorporated into the 1991 Consent Decrees (the <br />remainder of the 1991 Consent Decrees are unchanged, including all waiver provisions): <br /> <br />6. RESERVED WATER RIGHT OF THE UTE MOUNTAIN UTE INDIAN TRIBE <br /> <br />a. actual historic use or, ifthere has not yet been full use of water, then the <br />Tribe shall be deemed to have historically consumed 100 percent of the <br />unused portion ofthe 16,525 acre-feet of water available to the Tribe <br />pursuant to subparagraph 6.A.(i); or <br />b. any agreement which may be entered into among the State, the Tribes, <br />the Animas-La Plata Water Conservancy District, and the United States <br />Bureau of Reclamation which modifies 6.A.(ii)(a) above. <br /> <br /> <br />i; The water right shall entitle the Tribe to receive and beneficially use, on <br />that part oftbe Ute Mountain Ute Reservation within the State or within the <br />boundaries of the Animas-La Plata Water Conservancy District, an allocation of <br />water from the Animas-La Plata Project (as measured at Ridges Basin Dam and <br />Reservoir or at the point on the Animas River where diversions are made to the <br />Durango Pumping Plant), consistent with the Colorado Ute Settlement Act <br />Amendments of 2000, Pub. L. No. 106-554, 114 Stat. 2763 (2001) ("2000 <br />Amendments"), for present and future municipal and industrial uses with an <br />average annual depletion not to exceed 16,525 acre-feet of water. <br /> <br />ii. In proceedings pursuant to Paragraph 12.D. below, the computations <br />concerning the Tribe's historic beneficial use of water shaH be based upon: <br /> <br />Ill. The water right shall always be consistent with: <br /> <br />a. Bureau of Reclamation procedures, which shall include, among other <br />things, NEP A compliance; <br /> <br />b. the Animas-La Plata Project Compact, ~ 37-64-101, C.R.S. (1973); and <br /> <br />c. the La Plata River Compact, ~ 37-64-101, C.R.S. (1973). <br /> <br />IV. The final settlement of the Tribe's reserved. water rights claims on the <br />Animas and La Plata Rivers as described in this Stipulation or Amended <br />Consent Decree shall be subject to the following conditions: <br /> <br />a. If the Animas-La Plata Project facilities necessary to deliver the Tribe's <br />municipal and industrial water are completed so as to enable the delivery <br />of water to the Tribe as described in this Paragraph 6.A. on or before <br />January 1,2009, then: (1) the settlement of the Tribe's pending reserved <br />and appropriative water rights claims on the Animas and La Plata Rivers <br /> <br />7 <br /> <br />