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<br />- <br /> <br />. <br /> <br />e <br /> <br />" <br /> <br />Page 3 <br /> <br />the proper forum in which to adjudicate the claims was in the state Court as <br />required by the congressional enactment of the Me Carren lImendment. The Tribe <br />then refiled its claim in the Division 7 Water Court in 1976, This set the <br />stage for the adjudication of the claims or their resolution through <br />negotiation. <br />The basic problem to Southwestern Colorado was not only the 1868 water <br />rights priority date, but the connnunity conflict which could develop when the <br />Indians were given, and put to use, their senior water. Indians and <br />non-Indians live side by side, and their children attend the same schools. <br />Tribal activities are very much a part of the cultura1 heritage of a1l of <br />Southwestern Colorado. The economy of most conununities is affected by the <br />Indians, A long protracted legal battle would severely strain the connnunity <br />relationships. <br />The water rights issue was influenced by a long history of inequities that <br />began with the signing of the 1868 Treaty, the Homestead Act, water projects <br />being built without supplies for the Indians, lack of potable water for Indian <br />connnunities, and a genera1 feeling by the Tribes of a breach of trust by the <br />federa1 government. <br />The scope of the tribal claims revolved around the potentia1 irrigation of <br />93,000 acres of tribal lands. Unfortunately, the tribal lands most suited for <br />irrigation were on the streams with, the least amount of water, primarily the <br />La Plata and Mancos Rivers, If the Indians were successful in obtaining their <br />claims, irrigation on those streams by non-Indians would be totally <br />eliminated. other streams such as the Florida River would a1so be severely <br />impacted, but not to the extent of the Mancos and La Plata Rivers. <br />The resolution of the problem was similar to the solution that occurred in <br />the 1930' s on the Pine River, It was apparent that there was a need to <br />construct storage projects and to transport water from one sub-basin to 03aa <br />