Laserfiche WebLink
The United States, acting through the Secretary of the Interior, the Ute Mountain Ute Tribe, <br />the Southern Ute Indian Tribe, the State of Colorado, and the Animas -La Plata Water Conservancy <br />District, agree as follows: <br />1. Background. Section 18(a) of the Settlement Act, as amended by the 2000 Amendments, <br />provides that (a) construction of the Animas -La Plata Project, as reconfigured and described in the <br />2000 Amendments; (b) allocation of water supply to the Tribes as set forth in the 2000 Amendments; <br />(3) establishment of two Tribal Resource Funds, one each for the Southern Ute and Ute Mountain <br />Ute Indian Tribes, and deposit of $40,000,000 collectively into those Funds; and (4) issuance of an <br />amended final decree by the District Court in and for Water Division No. 7 providing for the changes <br />made by the 2000 Amendments, shall constitute final settlement of the tribal claims of the Tribes <br />to water of the Animas and La Plata Rivers in the State of Colorado. <br />2. Construction of Animas -La Plata Project and Allocation of Water Supply. Contingent upon <br />appropriations by Congress and fulfillment of all environmental commitments as set forth in the <br />FSEIS and ROD, and pursuant to federal law and policy, the United States, acting through the <br />Secretary of the Interior, will construct the facilities comprising the Animas -La Plata Project as <br />reconfigured and described in the 2000 Amendments, and will allocate water supply to the Ute <br />Mountain Ute and the Southern Ute Indian Tribes as set forth in Section 6(a)(1)(A) of the Settlement <br />Act, as amended by Section 302 of the 2000 Amendments. <br />3. Joint Request for Amendment of Consent Decree. No later than April 1, 2002 the United <br />States, the Ute Mountain Ute Tribe, and the Southern Ute Indian Tribe, the State of Colorado, and <br />the Animas -La Plata Water Conservancy District, shall, consistent with Section 18(c) of the 2000 <br />Amendments, jointly petition the District Court in and for Water Division No. 7, State of Colorado <br />for amendments of the Consent Decrees entered in Cases No. W- 1603 -76F and W- 1603 -76J: (1) <br />to reflect the changes to the Animas-La Plata Project and the water rights settlement effected by the <br />2000 ,Amendments and (2) to extend the deadline for the Tribes to commence litigation (or <br />renegotiation) of their reserved rights claims for waters of the Animas and La Plata rivers from the <br />current deadline of January 1, 2005. <br />Animas -La Plata Cost Sharing <br />The United States, acting through the Secretary of the Interior, the State of Colorado, the <br />Colorado Water Resources and Power Development Authority, the Animas-La Plata Water <br />Conservancy District, Ute Mountain Ute Tribe, Southern Ute Indian Tribe, New Mexico Interstate <br />Stream Commission, San Juan Water Commission, and Montezuma County, Colorado, agree as <br />follows: <br />1. Background. The Animas-La Plata Project as reconfigured and authorized by the 2000 <br />Amendments C Project'), will be a significantly different and smaller project than was contemplated <br />-3- <br />