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Last modified
7/14/2009 5:02:35 PM
Creation date
5/22/2009 5:44:48 PM
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UCREFRP
UCREFRP Catalog Number
9367
Author
Colorado Water Workshop.
Title
Proceedings
USFW Year
1992.
USFW - Doc Type
Colorado Water Workshop July 22-24, 1992.
Copyright Material
NO
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<br />the obligation of the United States of America to ensure that the <br />delivery of water was within the settlement. It should have been in <br />black and white that we would receive that. I, at that time, was not <br />in the position that I am today, so we ended up with a piece of paper <br />that I did not feel we should accept. <br />However, we have to live with that settlement now. Hopefully, <br />in the future some of our water lawyers can go back and try to rectify <br />some of the problems within the settlement itself. Perhaps, within <br />the option of leasing water we may be able to solve some of the <br />problems. <br />I am concerned with what you have just said and what it is going <br />to cost us to transport water from Animas La-Plata to my reservation, <br />which is over 70 miles away. That will cost a pretty penny, to put <br />a pipe like that across such a difference, and then we must negotiate <br />with private property and people who may not have the same ideals as <br />you, concerning how to transport the water. <br />Like I said, this is my personal opinion, as a young tribal <br />leader. I would not have signed it the way it was written. However, <br />we have to work with what we have, and be innovative to overcome our <br />obstacles. <br /> <br />Scott McElroy: As Jerald said earlier, I do not represent the Ute <br />Mountain Utes, I am the lawyer for the Southern Utes. The Animas La- <br />Plata proj ect was a critical aspect of the settlement from the <br />Southern Utes, perspective. It has been something that the Southern <br />Utes have been involved with long before I began to represent them. <br />The statement that the Southern Utes, do not receive water from that <br />project is not an accurate statement. The Southern Utes, under the <br />settlement, are to receive both water and facilities, under what is <br />known as Phase I of the settlement. Phase I includes Ridges Basin Dam <br />and Reservoir, and it also includes some of the irrigation facilities <br />originally set forth in the Definite Plan Report for the Animas La- <br />Plata Project. Southern Utes will get irrigation water from those <br />irrigation facilities that are to be built as part of the project. <br />They will get their M & I water out of Ridges Basin Reservoir, which <br />is also to be built as part of Phase I. In terms of the Southern <br />Utes' perspective, they not only receive water from the project, as <br />the Ute Mountain Utes do, but they also receive delivery facilities <br />associated with Phase I of the project. <br />Those of you who know about the Endangered Species Act <br />controversies that we have had on the San Juan River, know that we <br />have had problems getting the construction of the project authorized. <br />Currently, the only approval that we have had is to go ahead with <br />construction of Ridges Basin Dam. However, the fact that we only have <br />approval for Ridges Basin Dam does not mean that the second part has <br />been disapproved. That question has been deferred. It is within <br />these situations where we may run into some of the problems that we <br />discussed earlier under the Endangered Species Act. Under the <br />settlement, if the facilities necessary to deliver the water to the <br />Southern Ute tribe was not constructed by the year 2000, then the <br />Tribe can reopen its litigation. The Southern Utes have not given <br />away their ability to get irrigation delivery facilities as part of <br />the settlement at all. The fact that they took their water from <br />Ridges Basin Reservoir rather than Southern Ute Reservoir, which is <br /> <br />61 <br />
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