ALP 5

concerns with ALP. In 2000, Congress approved the Colorado Ute Settlement Act Amendments
of 2000, Pub. L. 106 -554, 114 Stat. 2763A -258 (2001) ( "2000 Settlement Act Amendments "),
amending the 1988 Settlement Act and providing for an alternative approach to finalize the Ute
Tribes' settlement of reserved water rights claims on the Animas and La Plata River. The 2000
Settlement Act Amendments based the settlement upon Tribal water allocations from a
downsized ALP and substitute benefits for the Ute Tribes.
In 2006, the Division 7 Court issued a decree amending the decrees in Case Nos. W-
1603-76F and W- 1603 -76J to fit the provisions of the 2000 Settlement Act Amendments and
the Ute Tribes taking municipal and industrial water allocations from the downsized ALP
project. See Findings of Fact, Conclusions of Law, and Decree dated November 9, 2006 in Case
Nos. W- 1603 -76F & 76J, 02CW85 & 86, and Order dated February 8, 2007 amending that Nov 9,
2006 Decree ( "Tribal Change Decrees "). UPI QQ' r-_Ansent deer ,,,s „f +hP WOA I I+„ Tribes!
Basins (W-1603-:76F and 7-6:1) weFe updated in
2006, fellewing a tFial, te match the changes that COAgFessfflade te the PFejec;t in the 2000
NlevembeF 9, 2006 on Case Nes. W-1603-:76F &:76j, QQU9% R,
86 and n..deF dated FebF. aFy o 200 amending that Nov 0 2006 QFdeF (" -Fibal D,,,...,,es"). The
Ute Tribes' allocations of Project water are described as follows:
The water right shall entitle the Tribe to receive and beneficially use, on that part
of the [Ute Mountain Ute Reservation /Southern Ute Reservation] within the
State or within the boundaries of the Animas -La Plata Water Conservancy
District, an allocation of water from the Animas -La Plata Project (as measured at
Ridges Basin Dam and Reservoir or at the point on the Animas River where
diversions are made to the Durango Pumping Plant), consistent with the [2000
Amendments], for present and future municipal and industrial uses with an
average annual depletion not to exceed 16,525 acre -feet of water.
See Nov. 9, 2006 Order at Page 6 -7, paragraph C(27) (which revises paragraphs 6.i and 7.i of the
1991 consent decrees). The Tribal Decrees state that diversions for the Project are controlled by
the A -LP Decrees, and that the A -LP Decrees were unchanged by the changes to the Tribal
Decrees. See, e.g., Feb. 8 Order at 1. Further, each Ute Tribe must "take their decreed water
from the reduced ALP as authorized by Congress in the 2000 Settlement Act Amendments."
Feb. 8, 2007 Order at 2, para 2e. This protocol addresses operational issues related to the Tribal
Decrees and is not intended to affect the substantive rights of the Tribes or the protections
afforded the tribal rights under the Tribal Decrees.
Each Ute Tribe's decreed place of use encompasses the entire Animas La Plata Water
Conservancy District ( "ALPWCD ") plus the Reservation of each Tribe. The Tribes may change
their uses. including their place of use. but are onlv reauired to file a change of use with the
Court "to the same extent other proiect water users are reauired to file an application for a
change of water rights" in Water Court.
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