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WSPP00089
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WSPP00089
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Last modified
7/29/2009 9:25:53 PM
Creation date
10/1/2006 2:04:48 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Date
12/17/1985
Author
Michael Clinton
Title
Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-Needs vs Rights-Settling Indian Water Disputes Through Consensus Negotiations
Water Supply Pro - Doc Type
Report/Study
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<br />~,' <br /> <br />~ <br /> <br />-I <br /> <br />L <br />.c.. <br /> <br />. , <br /> <br />. . <br /> <br />O;';OH <br /> <br />Typically, negotiations proceed through the following stages: <br /> <br />- Hcneymoon: The formative period when the parties have agreed to <br />negotiate and are establishing membership and procedures. <br /> <br />- Claims Description: Uhere the parties display their expentancies. <br /> <br />- Conflict Period: Where the give and take occurs to arrive at a <br />middle ground solution. <br /> <br />- Agreements in Principle: The formalization of the participants' <br />rol es in the settl ement and approval by thei r pri nci pal s. <br /> <br />- Ratification: Preparation and processing of approvals such as <br />ccnsent decrees, legislation, repayment contracts, etc. <br /> <br />Although these steps seem somewhat discreet and well defined, particular <br />care needs to be taken so the process is designed to assure maximum <br />opportunity for success. For example, the ccnfl ict period is the most <br />dangerous part of the negotiations. It is essential that strong <br />1 eadership and a sense of "higher mutual purpose" be instilled early in <br />the negotiations to carry through the hard times. Likewise, to "close a <br />deal" at the ratification stage, all affected parties must buy in:o the <br />solution. Accordingly, in the honeymoon stage, great care needs to be <br />taken to assure that membership includes all major parties that have a <br />staKe in the outcome. <br /> <br />For your information, the United States isn't starting any of these <br />"honeymoons." We come to participate solely upon the invitation of <br />State and local interests. This is to assure th~t the settlements have <br />the local roots necessary to build consensus and cloture. <br /> <br />There are more than 50 active water rights disputes involving Indian <br />tribes around the West, with abcut one dozen of these now in nego- <br />tiations. In Arizona, the Ak-Chin Reservation and San Xavier (Papago) <br />Reservation claims have been settled with steps ncw underway to imple- <br />ment thcse settlements. In r1ontana, the Fort Peck tribe's water rights <br />have ~een defined in a compact with the State that awards the Tri~e <br /> <br />4 <br />
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