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Last modified
7/14/2009 5:02:34 PM
Creation date
5/22/2009 6:12:18 PM
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UCREFRP
UCREFRP Catalog Number
9337
Author
Colorado River Water Users Association.
Title
The Colorado River of Many Returns.
USFW Year
2001.
USFW - Doc Type
Coachella, California.
Copyright Material
NO
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<br /> <br />TEN TRIBES PARTNERSHIP <br />Ten tribes occupy Indian reservations with claimed or vested <br />water rights to the Colorado River. Typically, those tribes <br />have the senior water rights on the river. The tribes <br />comprising the Ten Tribes Partnership are: the Chemehuevi Indian <br />Tribe; the Cocopah Indian Community; The Colorado River Indian <br />Tribes; the Fort Mojave Indian Tribe; the Jicarilla Apache Tribe; <br />the Navajo Nation; the Northern Ute Tribe; the Quechan Indian <br />Tribe of the Fort Yuma Reservation; the Southern Ute Indian Tribe; <br />and the Ute Mountain Ute Indian Tribe. <br />The tribes were excluded from the 1922 Colorado River <br />Compact, which allocated water between the upper and lower <br />basins, so in recognition of that exclusion, the states involved and <br />the U.S. Congress expressly provided that nothing in the 1922 <br />compact would affect the United States' obligation to the tribes. <br />According to Hoover Dam documents, then-Secretary of <br />Commerce Herbert Hoover, on behalf of the United States, <br />commented that the provision relating to the obligation of the <br />United States was inserted in the compact as "merely a declaration <br />that the states, in entering into the agreement, disclaim any <br />intention of affecting the performance of any obligations owing by <br />the United States to Indians. It is presumed that the states have no <br />power to disturb these relations, and it was thought wise to declare <br />that no such result was intended." <br />The Hoover Dam documents also reveal that Utah's <br />position was that the 1922 compact was designed so that the <br />"rights of Indian Tribes are protected" and Wyoming read the <br />1922 compact provision relating to Indian Tribes as "advisable <br />by reason of the fact that the United States has heretofore <br />entered into certain treaties with the different Indian Tribes <br />that must be respected and can in no manner be affected by <br />any later agreement." <br />The use of Colorado River water by Indian tribes and tribal <br />members began well before the 1922 compact. Since time <br />immemorial, tribal members have made use of the river's floods to <br />irrigate bottom lands. Congress recognized the importance of <br />irrigated agriculture to the tribes of the Colorado River when it <br />authorized the expenditure of $50,000 in 1867 to construct an <br />irrigation canal on the Colorado River Indian Reservation, making <br />this the first federally funded irrigation project in the United States. <br />Legislation also was enacted in 1904 authorizing the United States <br />to utilize new reclamation policies to expand irrigation on the Fort <br />Yuma and Colorado River Indian reservations. <br />In the years since the 1922 compact, both the United <br />States and the Ten Tribes have continued to increase their presence <br />with regard to the Colorado River. Congress authorized Parker <br />Dam and Reservoir, built in the mid-1930s, to provide water to <br />Southern California via the Colorado River Aqueduct and also to <br />provide water for expanded irrigation of the Colorado River <br />reservations, as well as to control floods, improve navigation, <br />regulate river flows, provide storage, generate electricity and other <br />beneficial uses. Congress authorized the taking of as much of the <br />"tribal and allotted lands of the ... Chemehuevi Reservation in <br />California" as was necessary for the constriction of Parker Dam. <br />All of the fertile bottom lands of the Chemehuevi Reservation were <br />condemned and all of the Indian residents of the reservation were <br />dispossessed of their land and relocated off the reservation in order <br />to construct the dam and create Lake Havasu. In the 1940s, <br />Congress also authorized the Headgate Dam, again for river <br />THIS NAVAJO AGRICULTURAL PRODUCTS INDUSTRY SPRINKLER SYSTEM MAKES <br />ONCE-BARREN LAND HIGHLY PRODUCTIVE IN THE HIGH NORTHERN TERRAIN OF <br />THE NEW MEXICO DESERT. <br />35
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