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WSPP00050
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WSPP00050
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Last modified
7/29/2009 9:26:12 PM
Creation date
10/1/2006 2:01:05 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Date
8/1/1985
Author
Frank E Maynes
Title
Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-The Animas La Plata Related Reserved Indian Water Rights Concerns
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />National Forest to that reflected in the original purpose of its congression- <br /> <br /> <br />al mandate. <br /> <br /> <br />In Nevada v. United States (1983). the Supreme Court refused to <br /> <br /> <br />reconsider a previously argued case involving the claims of the Pyramid <br /> <br /> <br />Lake Paiute Indian Tribe to additional water rights in the Truckee River in <br /> <br /> <br />Nevada. Instead it held that the United States Government had had the <br /> <br /> <br />opportunity in 1913 - sixty years earlier - to illuminate all the issues, and <br /> <br /> <br />its failure to do so provided no grounds for further litigation. <br /> <br /> <br />There are three approaches to resolving conflicts over Indian water <br /> <br /> <br />rights: (1) litigation, which is time-consuming and expensive for all <br /> <br /> <br />parties; (2) negotiation, which is less expensive but nonetheless time- <br /> <br /> <br />consuming; and (3) legislation, which is actually a means of confirming <br /> <br /> <br />what has already been achieved through negotiation. Should the Indians <br /> <br /> <br />lose faith in the willingness of the United States Congress to provide the <br /> <br /> <br />funding for the Animas-La Plata Project, it seems likely that they will <br /> <br /> <br />pursue their interest in water entitlement through the courts. Not only is <br /> <br /> <br />the I itigation costly to the state of Colorado, but the outcome may, in the <br /> <br /> <br />long run, exceed the cost of the litigation. For example, in 1983, the <br /> <br /> <br />annual diversions on the Mancos River were approximately 42,000 acre- <br /> <br /> <br />feet. On the La Plata River the annual diversion amounted to approxi- <br /> <br /> <br />mately 44,000 acre-feet. If the Southern Ute Indian Tribe, after winning <br /> <br /> <br />the adjudication of its water rights on these rivers, were to impose a <br /> <br /> <br />nominal charge of $10.00 per acre-foot per year, the annual cost would <br /> <br /> <br />amount to $860,000.00. <br /> <br /> <br />Negotiation leading to legislative affirmation of settlement has recog- <br /> <br /> <br />nizable merits. The 1978 Water Settlement Act involving the Ak-Chin <br /> <br /> <br />Indian Community in Arizona is a case in point. Ak-Chin is a ~mall <br /> <br /> <br />. <br /> <br />0163 <br /> <br />10 <br /> <br />j <br />
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