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1 30, 1968 82 Stat. 896), and the United States has investigated, planned, and begun to construct
2 said Ani as -La Plata Project for the storage, diversion, salvage, and distribution of the waters of
3 the Ani s River, which Project has among its authorized purposes the furnishing of water for
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municip
, industrial, domestic, and other beneficial purposes. The water rights settlement
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purposes of the Project were authorized by the Colorado Ute Indian Water Rights Settlement Act
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of 1988
Public Law 100 -585) as amended by the Colorado Ute Settlement Act Amendments of
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2000, P
lic Law 106 -554 (hereafter referred to as the Settlement Act, as amended).
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(b)
17he Settlement Act, as amended, authorizes the construction of a reservoir, pumping
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plant, in
t conduit, and appurtenant facilities with sufficient capacity to divert, store, and use
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water fr m the Animas River for an average annual depletion of 57,100 acre feet of water to be
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used for
a municipal and industrial water supply;
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(c)
Reclamation has completed the Animas -La Plata Final Supplemental Environmental
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Impact
tatement (FSEIS) dated July 2000 and subsequent Record of Decision dated September
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25, 200(,
for compliance with the National Environmental Policy Act. The State acknowledges
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that as
result of this regulatory compliance, and the terms of this contract, it is limited in the
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Contracl
to a municipal and industrial Statutory Water Allocation with an estimated average
17 annual depletion not to exceed 5,230 acre -feet of water for this Project.
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(d) _ As provided by Public Law 100 -585, the design and construction functions of the
Bureau f Reclamation with respect to the Animas -La Plata Project shall be subject to the
provisi ns of the Indian Self- Determination and Education Assistance Act (Public Law 93 -638)
to the s me extent as if such functions were performed by the Bureau of Indian Affairs.
K