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<br />e <br /> <br />e <br /> <br />I <br />" <br /> <br />.' <br /> <br />~ <br /> <br />water and a maximum of26,300 acre-feet per annum of agricultural irrigation water. The <br />requested change is as follows: <br /> <br />The requested change addresses only the decreed water rights of the Ute <br />Mountain Ute Tribe ("Tribe"), which are generally described in Paragraph 6.A of <br />the Stipulation for Consent Decree (Nov. 12, 1991 )("1991 Stipulation"). The <br />1991 Consent Decree incorporated the 1991 Stipulation, which was based on the <br />Colorado Ute Indian Water Rights Settlement Act of 1988 (Pub. 1. 100-585, 102 <br />Stat. 2973) ("1988 Settlement Act") and the 1986 Settlement Agreement. Under <br />the 1991 Consent Decree, settlement of the Tribe's water rights claims ("Clai ms") <br />was based on the construction of certain ALP facilities that, among other things, <br />were to deliver the above-described amounts of water to the Tribe for irrigation, <br />and municipal and industrial ("M&I") uses. <br /> <br />~ <br />~ <br /> <br />The changes to the Tribe's water rights in the 1991 Consent Decree are necessary <br />to comply with the Colorado Ute Settlement Act Amendments of2000 (Pub. L. <br />106-554) ("2000 Settlement Act Amendments"). The 2000 Settlement Act <br />Amendments reduce both the size of ALP and the amount of water provided to <br />the Tribe in settleinent of its Claims. The 2000 Settlement Act Amendments <br />authorize settlement of the Tribe's Claims by construction of the necessary <br />facilities to provide "an average annual depletion not to exceed 16,525 acre-feet <br />of water to the Ute Mountain Ute Indian Tribe for its present and future needs <br />. .. ." 2000 Settlement Act Amendments, Sec. 302(a)(I)(A)(i)(ii)(I). In addition, <br />this water may be used only for municipal and industrial ("M&I") uses. Although <br />the 2000 Settlement Act Amendments reduced the amount of water provided to <br />the Tribe in settlement of its Claims, the reallocation of water to only M&I uses <br />has increased the amount ofM&I water. <br /> <br />(a) Location and source: Unchanged; same as in 1991 Consent Decree. <br /> <br />(b) Use: Municipal and industrial use only. <br /> <br />(c) Amount: average annual depletion of 16,525 af(which can be increased if <br />the State of Colorado elects not to take its share of water, as described in the 2000 <br />Settlernent Act Amendments). <br /> <br />Cd) Proposed plan of operation: The water will be initially stored in the <br />reduced Ridges Basin Reservoir authorized for construction under the 2000 <br />Settlement Act Amendments. <br /> <br />12 <br />