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<br />I' <br />I <br /> <br />e <br /> <br />e <br /> <br />forth in paragraph 6 of the Stipulation for a Consent Decree. Moving Parties' Post-Trial <br />Brief at 3-5; see Applicant's Ex. 2 & 3 (1991 Consent Decrees) at Stipulation for a <br />Consent Decree, 1/12.D. CPA argues that the conversion factors are not applicable to the <br />change applications because in advance of application of the water there is no "change of <br />a Tribal water right within the boundaries of a Reservation or from within the boundaries <br />of a Reservation to outside the boundaries of that Reservation. " CPA's Brief to <br />Supplement Closing Argument at 5-6; see Applicant's Ex. 2 & 3 (1991 Consent Decrees) <br />at Stipulation for a Consent Decree, 1/12.D. <br /> <br />64. The Court finds that the 1991 Consent Decree specifically contemplated a <br />change of water rights prior to application of the water. Paragraph 6 provides that in the <br />event of proceedings for a change in water ri ghts pursuant to subparagraph 12.D of the <br />Stipulation for a Consent Decree where "there has not yet been full use of water," the <br />Tribe is deemed to have historically made beneficial use based upon monthly percentage <br />distributions of the available water and is deemed to have historically consumed certain <br />percentages of the water supplies, as set forth by the terms of the Consent Decrees. <br />Applicant's Ex. 2 & 3 (1991 Consent Decree) at Stipulation to a Consent Decree, <br />~6.A.iii.a. and b. <br /> <br />65. The Ute Mountain Ute Tribe has not presently identified any place of use <br />or specific application of the water rights which are the subject of the change <br />applications. There is no indication that the water rights are to be used off reservation <br />and the Ute Mountain Ute Tribe has made no request to change the water rights involved <br />herein to a State water right.4 Therefore, the Court fmds under the 1991 Consent Decree <br />that the water rights at issue in these change cases have the character of Indian reserved <br />water rights that may be used on the Ute Mountain Ute Reservation. Under these <br />circumstances, the Court finds that the changes requested herein in Case Nos. 02CW85 <br />and 02CW86 are properly treated as changes of water rights '"within the boundaries of a <br />Reservation" pursuant to Paragraph 12.D of the Stipulation for a Consent Decree. Id. <br />Applicant's Ex. 2 & 3 (1991 Consent Decrees). <br /> <br />21 <br /> <br /> <br />66. Paragraphs 6.A.iii.a&b of the 1991 Consent Decree contractually limit the <br />Ute Mountain Ute Tribe's right to change its conditional reserved water right to the <br />quantity, timing and duration "deemed" historic consumptive use and monthly percentage <br />distribution. The Court finds that the provisions for a "deemed" quantity, and the <br />limitation as to timing and duration, are consistent with the purposes of the Colorado <br />Water Right Detemination Act. Aoolication of City and County of Denver By and <br />Through Ed. of Water Com'rs, 935 F.2d 1143, 1151 (C.A.I0 (Colo.)1991); see C.R.S. ~ <br />37-92-305(3) (change of use shall be approved if such change will not injuriously affect <br /> <br />4 "When the water rights confirmed in paragraphs 6 and 7 are used off reservation, they <br />will be State water rights only during that use and will regain the status of Indian reserved <br />water rights for the use of the Tribes when the off-reservation use is concluded. thus <br />ensuring that the rights are pennanent and cannot be lost as a result of change of use, <br />forfeiture, abandonment, or nonuse." Applicant's Ex. 2 & 3 (1991 Consent Decrees) at <br />Stipulation to a Consent Decree, ~13. <br />