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CHAPTER 2 <br /> DEVELOPMENT OF ALTERNATIVES <br /> In the evaluation of non-structural components of several alternatives(Section 2.3.2),assumptions were <br /> made about land and water rights acquisitions made by the Colorado Ute Tribes. The purchase of water <br /> rights is subject to Colorado and New Mexico water law. A further discussion of water rights <br /> considerations and constraints is included in Volume 2 of this FSEIS as Attachment D, Water Rights <br /> Considerations and Constraints,Agricultural Land Acquisition Cost Analysis,and Conversion of Fee <br /> Simple Farmland. <br /> 2.1.3 Legal and Institutional Constraints to the Purchase of Water Rights <br /> for the ALP Project <br /> This section briefly highlights some of the constraints to implementing a program of purchasing water <br /> rights and the potential interstate leasing of the water. The existing water right laws could represent an <br /> impediment to implementation of the non-binding water uses presented in this FSEIS. A more in-depth <br /> discussion on Colorado Ute Indian water rights is contained in Attachment A which contains the 1986 <br /> Settlement Agreement, 1988 Settlement Act,and the Solicitor's Opinion concerning the priority date of <br /> the Colorado Ute Indian water rights. In addition a summary of water right considerations and <br /> constraints is contained in Attachment D. <br /> 2.1.3.1 Constraints to the Change of Use of Acquired Direct Flow of Water Rights <br /> and Interstate Leasing of Water <br /> Several legal considerations and constraints that may affect the change of irrigation water rights to M&I <br /> use, include but are not limited to: <br /> I <br /> 1. The need for court approval of the change,with the attendant need for the applicant to <br /> prove non-injury to other water rights from the change and other factors. <br /> 2. The need to deal with numerous objectors in the change process. <br /> 3. Recognition that the time required for a change can be substantial. <br /> 4. Uncertainty of the outcome of a change case,because of the no injury constraint and the <br /> potential for an action that may allow the change of only the historical consumptive use <br /> (or even possibly less than the historical consumptive use)and the need for the change <br /> ruling to include terms protective of other water rights. <br /> Under Colorado water law and the Upper Colorado River Basin Compact,water can be leased into New <br /> Mexico if New Mexico will treat that water as a New Mexico depletion. <br /> 2.1.3.2 Administration of Water Rights <br /> The State of Colorado will administer the water rights of the ALP Project used in Colorado. This is <br /> specifically stated in the 1986 Settlement Agreement, Section N on Administration. Administration by <br /> the Colorado State Engineer shall ensure that the water rights of all users, including the Tribes are fully <br /> protected. Under the terms of the Settlement Agreement,the Tribes agree to allow the Colorado State <br /> Engineer access to Reservation lands solely for the purpose of performing his/her administrative duties <br /> under this Agreement. <br /> 2.1.3.3 Ute Indian Reserved Water Rights <br /> The Ute Indian water rights will be held in trust by the federal government. The Solicitor's Opinion is <br /> that both the Southern Ute Indian and the Ute Mountain Ute Tribes have a water right priority date of <br /> 2-15 2.1 INTRODUCTION AND BACKGROUND <br />