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<br />e <br /> <br />e <br /> <br />Stipulation, the waiver of claims described in Paragraph 14 shall be <br />effective as provided in this paragraph. <br /> <br />v. Under no circumstances shall anything in this Stipulation or Amended <br />Consent Decree be construed as an admission, or be used by any party as <br />evidence, that the Tribe is or is not legally entitled to reserved water rights on the <br />Animas or La Plata Rivers. This water right shall have no precedential or <br />presumptive value in the event the terms of this Stipulation or Amended Consent <br />Decree do not become final. . <br /> <br />vi. Nothing in this Stipulation shall affect the authority of the Secretary ofthc <br />Interior to allocate additional.. water from the Animas-La Plata Project for use by <br />the two Ute Tribes pursuant to 9 302 of the 2000 Amendments, which water shall <br />be available to the two Ute Tribes on the same terms and conditions as the water <br />provided under this paragraph. <br /> <br />****** <br /> <br />7. RESERVED WATER RIGHT OF THE SOUTHERN UTE INDIAN TRIBE <br /> <br />i. The water right shall entitle the Tribe to receive and beneficially use, on <br />that part of the Southern Ute Indian 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 />Reservoir5! or at the point on the Animas River where di versions are made to the <br />Durango Pumping Plant), consistent with the Colorado Ute Settlement Act <br />Amendments of 2000, Pub. 1. No. 106-554, 114 Stat. 2763A-258 (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. hI proceedings pursuant to Paragraph 12.D. below, the computations <br />concerning the Tribe's historic beneficial use of water shall be based upon: <br /> <br />a. actual historic use or, ifthere has not yet been full use of water, then <br />the Tribe shall be deemed to have historically consumed 100 percent of <br />the unused portion of the 16,525 acre-feet of water available to the Tribe <br />pursuant to subparagraph 7.A.(i); or <br /> <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 7.A.(ii)(a) above. <br /> <br />lll. The water right shall always be consistent with: <br /> <br />9 <br /> <br /> <br />a. Bureau of Reclamation procedures, which shall include, among other <br />