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<br />Native American Water Rights <br />Panel Discussion <br /> <br />Moderator: Fred Wetlaufer, Member, Western Colorado Congress <br /> <br />Question: This is a question for anyone on the panel. A very common <br />element in Colorado water law is the dispute between east and west <br />with relation to transmountain diversions. I was intrigued by the <br />description that the so called surplus of Colorado, or the Upper Basin <br />states, is really reserved tribal waters. I was wondering if any of <br />the tribes had given consideration to becoming a player in those court <br />cases involving transmountain diversion and possibly trying to keep <br />the water on this slope so that it could be available for use by the <br />tribes. <br /> <br />Jerald Peabody: I will refer that question to one of the lawyers. <br /> <br />Scott McElroy: We had not thought about it, or pursued that, <br />certainly, in regard to either of the Ute tribes. I think perhaps <br />that is, in part, because we have a fair amount of litigation and a <br />few non-litigation issues on our plate right now, and we are kept <br />pretty busy. Perhaps it is something that we ought to think about. <br /> <br />Jerald Peabody: That, in my mind, would be one of the considerations <br />that we could look at. As far as my speech today is concerned, like <br />I said, I want to be as fair and equitable to everyone, all water <br />users -- non-Indian and Indian, in the spirit of comradery, to ensure <br />that we get our portion. In the future, if that is one of the things <br />that we need to do, then I think the tribes are willing to cooperate, <br />and see if that is possible. <br /> <br />Question: I have a two part question. The first is, what is the <br />posture of the Bureau of Indian Affairs (BIA) on this water leasing <br />off reservation and out of state? The second part of the question is, <br />what posture has the BIA taken on Indian sovereignty with regards to <br />the Endangered Species Act. <br /> <br />Jerald Peabody: I am also, for my tribe, I working on the concept of <br />the delegation of authority of the Bureau of Indian Affairs programs <br />to what we call the lowest level possible. I would rather call it <br />down to the agency level. We are basically under the BIA <br />reorganization task force that you are well aware of; it has been <br />running for the last couple of years. We are starting to take over <br />many of the programs and use the Bureau of Indian Affairs in a more. <br />technical sense. We are starting to take the initiative to take over <br />many of the programs. The concept that you referred to, as far as the <br />tribes are concerned, is our most Golden Rule and it is the only way <br />that we, as Native Americans will continue to survive. I am not <br />saying that we are going to use that every time that we find ourselves <br />in trouble, but if we were to give that right up, we would not be <br />Indians, in the way that we are today. So, the Bureau is, in a sense, <br />giving us the opportunities to secure our own future. We, in turn, <br /> <br />59 <br />