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WSPP00057
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WSPP00057
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Last modified
7/29/2009 9:26:09 PM
Creation date
10/1/2006 2:01:43 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Date
12/4/1990
Author
Daries C Lile
Title
Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-Colorado Ute Indian Settlement
Water Supply Pro - Doc Type
Report/Study
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<br /> <br />e <br /> <br />. <br /> <br />re <br /> <br />i, <br /> <br />Page 2 <br /> <br />ute Indians were left with a large contiguous block. The checker board <br />pattern creates, of course, very complex jurisdictional problerrs for the state <br />of Colorado as well as the Indians, <br />The first claill'S for water from streams which c:ross the reservation <br />occurred in approximately 1908 in the Morrison Consolidated Ditch case on the <br />Pine River. This resulted in several years of litigation. The Southern ute <br />Indian Tribe was granted the Nwnber One priority for 213 c. f. s. from the Pine <br />River by Federal Court in 1932. In late sUll1lller the Pine River averages less <br />than 150 c. f. s, As a consequence, the early non-Indian settlers who laid <br />claim to the water and developed lands would be without a supply once the <br />Indians began to use their senior rights. In omer to solve this problem, <br />Vallecito Reservoir was built as a federal reclamation project with ample <br />storage to meet the needs of both Indians and non-Indians. This project was <br />completed in the early 1940' s. The Southern ute Tribe presently irrigates <br />approximately 13,000 acres and non-Indians irrigate approximately 45,000 acres <br />of land in the Pine River Valley. <br />Although the Southern ute Indian Tribe was allocated water and a means to <br />use it by 1950, the ute Mountain utes were not, In fact, in the 1940' s, the <br />federal government built Jackson Gulch Reservoir on the Mancos River, the <br />primary stream through the ute Mountain Ute reservation, and no allowances <br />were made for Indian water, The town of Towaoc, which is the headquarters for <br />the Ute Mountain Reservation, did not even have a potable domestic supply <br />until this year. <br />Since the well-established Winters Doctrine gives Indians water to meet <br />the needs of the reservation, the ute Indian Tribes filed in 1972 in Federal <br />Court seeking to adjudicate their claill'S on the streams in Southwestern <br />Colorado. The state of Colorado entered. the case and argued successfully that <br /> <br />033~ <br /> <br />., <br />
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