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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rights with priority over ALP, and thus are protected by administration of their water
rights in priority. Carl Westo'n, the owner of Ear! Stull Pipeline No.2, described
potential impacts from fluctuations in river flow as a result of operation of the ALP. Mr.
Weston did not describe any potential injury resulting from the change applications or
proposed amendments to the Tribal water rights. The Court finds that Mr. Welles and
Mr. Weston did not .establish injury to water rights on the Animas River as a result of
approval of the Change Applications or Stipulations to Amend the 1991 Consent
Decrees. See Applicant's Ex. 20 at 12 of 13, ~6.

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85. Jack Scott, whoowns water rights on the La Plata River, testified that
commingling of ALP water from the Animas River into the waters of the La Plata River
may result in difficulty in monitoring and administering the La Plata Basin waters. Bruce
Whitehead testified. that the waters will be monitored and administered in priority. The
Court finds that Mr. Scott did not establish that any injury would occur to his water rights
on the La Plata River as a result of approval of the Change Applications or Stipulations to
Amend the 1991 Consent Decrees.

D. Extension of Deadlines to Commence Tribal Reserved Rights
Litigation

86. Section 303 (~ 18(c)) of the 2000 Settlement Act Amendments
(Applicant's Ex. 1) states that "the amended fmal consent decree [1991 Consent Decree]
shall specify terms and conditions to provide for an extension of the current January 1,
2005, deadline for the Tribes to commence litigation of their reserved rights claims on the
Animas and La Plata Rivers."

87. The 1986 Settlement Agreement (Applicant's Ex. 12) states that the final
settlement of each Tribe's reserved rights claims on the Animas and La Plata Rivers are
subject to the construction of eertain ALP features. If these features (Ridges Basin
Reservoir, Long Hollow Tunnel, Dry Side Canal) were completed so as to enable the
deli very of settlement water to each Tribe on or before January 1, 2000, then: 1)
Settlement of each Tribe's pending reserved and appropriative water rights claims on the
Animas and La Plata Rivers contained in the 1986 Settlement Agreement becomes final;
2) Each Tribe is entitled to the fun "project reserved water right,,6 set forth in the 1986
Settlement Agreement; and each Tribe shall not be entitled to claim additional reserved
water rights either on the Animas River or on the La Plata River. Applicant's
Ex. 12 (1986 Settlement Agreement) atArt. III, Sec. A.2.f. (UMU Tribe); Art. III, Sec.
B.l.f. (SUIT Tribe).

88. These same conditions and deadlines are fOlUld in the 1991 Consent
Decrees. Applicant's Ex. 2 & 3 (1991 Consent Decrees) at Stipulation for a Consent
Decree16.A.v. (UMU);' 7.A.v. (SUIT).

6 Congress changed this description.

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