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WSPC12924
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WSPC12924
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Last modified
7/29/2009 1:46:24 PM
Creation date
4/21/2008 11:51:03 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />e <br /> <br />e <br /> <br />89. Congress recognized the need to change the deadline for "completion of the <br />modified ALP and fimil settlement of the Ute Tribal water rights claims on the Animas <br />and La Plata Rivers. Applicant's Ex. 1 (2000 Settlement Act Amendments) at ~18. <br /> <br />90. This Court also recognized the need to continue these deadlmes. Order <br />(Dec. 28, 2004). <br /> <br />91. Moving Parties have stipulated to change the ALP construction and water <br />delivery date from January 1,2000, to January 1, 2009. Stipulations to Amend at pp. 3-4, <br />~iv. (UMU) and pp.5-7, ~iv.(SUIT). The Moving Parties have also stipulated to change <br />the date by which the Tribe must decide whether to accept the water right or to litigate or <br />renegotiate its pending Tribal claims on the Animas and La Plata Rivers from January 1, <br />2005, to January 1, 2012. ld. <br /> <br />27 <br /> <br /> <br />92. This Court finds that the requested extensions of deadlines for final <br />settlement of the Tribal reserved water rights claims on the Animas and La Plata Rivers, <br />or in the alternative, for the Ute Tribes to determine whether to agree to the settlement or <br />commence litigation of their Tribal claims are tailored to resolve the problems created by <br />the change in circumstances. It is in the interest of the Ute Tribes and all other Moving <br />Parties and area water users to allow sufficient time for implementation of the Ute Tribal <br />settlement on the Animas and La Plata Rivers. A contrary decision would be <br />unreasonable and would not allow the settlement to be implemented. <br /> <br />E. Effect on Ute Tribal Decrees Relating to Other Rivers <br /> <br />93. Congress was explicit in the 2000 Settlement Act Amendments that the <br />only tribal water rights in the 1986 Settlement Agreement to be affected by the 2000 <br />Settlement Act Amendments were the water rights claims on the Animas and La Plata <br />Rivers. As a threshold matter, Congress made an express finding that: <br /> <br />The Claims of the Colorado Ute Indian Tribes on all rivers in Colorado other than <br />the Animas and La Plata Rivers have been settled in accordance with the <br />provisions of the [1988 Act]. <br /> <br />Applicant's Ex. I (2000 Settlement Act Amendments) at ~ 301(b)(2). <br /> <br />94. Congress further underscored this distinction in instructions as to the <br />statutory construction of the 2000 Settlement Act Amendments: <br /> <br />Statutory Construction. Nothing in this section shall be construed to affect the <br />rights of the Tribes to water rights on the streams and rivers described in the <br />Agreement, other than the Animas and La Plata Rivers, to receive the amounts of <br />water dedicated to tribal use under the Agreement, or to acquire water rights <br />under the laws of the State of Colorado. <br /> <br />Applicant's Ex. 1 (2000 Settlement Act Amendments) at 9 303 (9 18(b)). <br />
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