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<br />\ . , <br />"'"', . <br /> <br />~. <br /> <br />i <br /> <br />l <br />. <br /> <br />. <br /> <br />. . <br /> <br />2 million acre-feet per year of Missouri River water. Currently, nego- <br />tiations have reached the critical "conflict" period in Uyoming on the <br />Wind River Reservation, in Colorado on the Southern Ute and Ute Mountain <br />Ute Reservations, in New Mexico on the Jicarilla Reservation, in Utah on <br />the Uintah and Ouray Reservation, and in Southern California with the <br />Mission Bands along the San Luis Rey River. Additional negotiations are <br />beginning in 110ntana, Idaho, and Arizona. All involve consensus nego- <br />tiations. <br /> <br />Knowing of your interest, I would like to take a moment to describe the <br />Colorado negotiations. <br /> <br />Negotiations have been in progress since early 1985. The Colorado Ute <br />Tribes Water Rights Negotiating Forum has been set up by the State as a <br />vehicle to address cost sharing for the Animas-La Plata Project related <br />Indian Water Rights settlements. The Forum includes the States of <br />Colorado and New Mexico, the Southern Ute and Ute Mountain Ute Tribes, <br />the non-Indian water users, and the Federal Government. The Forum is <br />seeking an agreement in principle on cost sharing by January 1986 in <br />order to meet the June 30, 1986, date specified in the Supplemental <br />Appropriaticns Act of 1985. Significant progress has been made in the <br />area of water rights settlements and the cost sharing issue is showing <br />hope of being resolvable. Although the process has been frustrating to <br />all of the parties, I have been personally pleased with the good faith <br />eff6rts on all sides to find an elusive middle ground that can un~erpin <br />a possible consensus. <br /> <br />Before closing, I would like to pose one warning. Negotiations are not <br />for everyone. In some disputes, litigation is essential. This is the <br />case where there is a "zero sum game" and one party must win and one <br />lose; where interpersonal relationships between competing communities <br />are severely polarized to the pcint where productive dialog is <br />impossible, or where people place mcre importance on defining their <br />rights than meeting their need. In such instances, the courts are the <br />proper forum for dispute resolution and negotiations should not be <br />attempted. <br /> <br />0208 <br />5 <br />