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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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TEN TRIBES PARTNERSHIP <br />stabilization and the delivery of additional waters to the Colorado <br />River Reservation. <br />The next significant involvement by the United States in the <br />Indian waters of the Colorado River occurred in the 1963 proceedings <br />of Arizona vs. California. <br />This litigation was prompted by Arizona's need for a <br />determination of its share of water from the Colorado River in order to <br />obtain federal appropriations for the Central Arizona Project. <br />Numerous issues arose among the southwestern states, the tribes and <br />the federal government concerning the allocation of Colorado River <br />water. The United States intervened to assert, among other things, the <br />reserved water rights of the five Indian reservations on the lower <br />reaches of the mainstream of the Colorado River: the Fort Mojave <br />Indian Tribe, the Chemehuevi Indian Tribe, the Colorado River Indian <br />Tribes, the Quechan Indian Tribe of the Fort Yuma Reservation and <br />the Cocopah Indian Community. <br />In Arizona vs. California, the U.S. Supreme Court found that <br />the Secretary of the Interior had a statutory duty to respect the <br />"present perfected rights" as of the date the Boulder Canyon Project <br />Act was passed and that the water rights of the five Indian reservations <br />were included in those "present perfected rights" entitled to priority. <br />In addition, Arizona vs. California established the standard for <br />quantifying those reserved water rights to which a tribe is entitled for <br />agricultural purposes. In addition to confirming substantial water <br />rights for the Fort Mojave Indian Tribe, the Chemehuevi Indian Tribe, <br />the Colorado River Indian Tribes, the Quechan Indian Tribe and the <br />Cocopah Indian Community, the court's decision brought into sharp <br />focus the importance of tribal reserved water rights in the West. <br />The United States in recent years has begun the process of <br />securing reserved water rights for the other five tribes in the Colorado <br />River Basin. Each of these actions has been designed to quantify <br />Colorado River water rights and to provide the tribes with economic <br />R <br />resources so as to permit development of their reservations, including <br />development of their water resources. For example, in 1962 Congress <br />authorized the Navajo Indian Irrigation Project (NIIP) and, at the <br />same time, the San Juan-Chama Project. The Navajo Nation is still in <br />the process of quantifying the remainder of its water rights that were <br />not part of NIIP. <br />In 1988, Congress enacted the Colorado Ute Settlement Act, <br />which quantified all of the water rights of the Souther Ute Indian <br />Tribe and the Ute Mountain Ute Indian Tribe. Some of those water <br />rights are in direct stream flow and others in storage projects such as <br />the Pine River Project and the Dolores Project. For example, under <br />the Dolores Project, the Ute Mountain Ute Tribe is developing 22,500 <br />acre-feet for the irrigation of agriculture - probably the last significant <br />a _ <br /> <br /> <br /> <br /> <br /> <br /> <br />- <br />, <br /> <br /> <br /> <br /> <br />irrigated agricultural project to be developed in the upper basin, except <br />for continuing development at NIIP. <br />A critical component of the Colorado Ute Indian settlement <br />is the construction of the Animas-La Plata project to, among other <br />things, provide water supplies for both tribes for irrigation and <br />municipal and industrial purposes. Under the settlement, each <br />tribe received a development fund to assist in reviving their <br />impoverished economies. <br />In 1992, Congress enacted the Jicarilla Apache Tribe Water <br />Rights Settlement Act. This settlement, like the Colorado Ute Indian <br />settlement, but unlike the authorization for NIIP, represents a full and <br />final settlement of the future use water rights claims of the Jicarilla <br />Apache Tribe to the waters of the Colorado River. Under the Jicarilla <br />Apache settlement, the secretary of the interior is to make available to <br />the tribe up to a 32,000 acre-foot depletion from the Navajo Reservoir, <br />Navajo River and San Juan-Chama Project. This water, like waters <br />secured to the Colorado Ute Indians, may be used for a variety of <br />purposes including leasing of water that is otherwise compatible with <br />applicable law. The Jicarilla Apache Tribe was provided with a <br />development fund in recognition of historic claims against the United <br />States and others for use in strengthening its reservation economy. <br />That fund will not be activated, however, until the tribe completes <br />settlements of its historical and existing reserved rights claims in the <br />Rio Chama and San Juan basins with the United States and the state <br />of New Mexico. <br />The 1992 Ute Indian settlement provided the Northern Ute <br />Tribe with a substantial development fund to compensate for the <br />failure of the federal government to complete Central Utah Project <br />storage facilities for the Northern Ute Tribe. The act provides <br />substantial economic benefits to the tribe in an effort to place it on the <br />same footing that it would have enjoyed had there been construction <br />of the facilities contemplated in the 1985 deferred agreement which <br />permitted construction of the Strawberry collection system of the <br />Bonneville unit. The act also provides Congress' consent to the 1990 <br />Ute Water Compact, which quantifies the tribe's reserved water right. <br />The act recognizes that the compact also must be approved by the tribe <br />and the state of Utah, neither of which has done so. <br />These actions carry forward the United States' trustee <br />DEDICATION OF PARKER DAM ATTRACTED 100-YEAR-OLD-PLUS <br />HE-RE-IN-YE NUBECK AND HIS WIFE, OACH, OF THE COLORADO <br />RIVER RESERVATION, HERE JOINING GOVERNMENT REPRESENTATIVE.
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