WSPP00106

• File Number: 8064
• Description: Indian Water Rights
• State: CO
• Date: 6/1/1986
• Title: Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-Errata Sheet
• Water Supply Pro - Doc Type: Report/Study

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AGREEMENT IN PRINCIPLE
CONCERN I NG THE
COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT
AND
BINDING AGREEMENT FOR
ANIMAS-LA PLATA PROJECT COST SHARING

Final Draft
June 27, 1986

INTRODUCTION

The United States, the State of Colorado, the Ute Mountain Ute Indian Tribe, the
Southern Ute Indian Tribe, and certain non-Indian water users have reached an
agreement in principle: (i) concerning the quantification, determination, and
settlement of the reserved water rights claims of the Tribes; and (Ii) providing
for the uniform and cooperative administration of those rights. The final water
rights settlement agree~ent ~ill include the provision of water to the Tribes
from the Dolores Project and Animas-La Plata Project and the determination of
water rights of the Tribes to various streams in southwest Colorado. On
March 14; 1986, an Agreement in Principle was entered into among the r~merous
non-Federal entities setting forth a comprehenSive settlement and quantification
of these reserved water rights claims. A final settlement agreement clari fying
the March 14, 1986, Agreement in Principle (including a confirmation that the
water rights to be secured to the Tribes by tr.e settlement are in recognition
and fulfi llment of the reserved water rights claims of the Tribes) and imple-
menting the provisions of this agreement in principle shall be executed by the
non-Federal entities and the United States on or before July 31, 1986.

The United States, the State of ColoradO, certain political subdivisions of the
States of Colorado and New Mexico, the Ute Mountain Ute Indian Tribe and the
Southern Ute Indian Tri be have al so reached and they hereby set forth a bi ndi ng
agreement for the cost-sharing and financing of the Animas-La Plata Project in
satisfaction of the requirement of Congress in Chapter IV of Public Law 99-88
"Department of the Interior, Bureau of Reclamation, Construction Program"
(99 Stat. 293, at pp. 319-320). The non-Federal entities state that they are
capable of and willing to participate in project cost-sharing and financing in
accordance wi th the terms of thi s agreement. The Secretary of the I nteri or hereby
determines that the non-Federal entities' financing plan demonstrates a reason-
able likelihood of the non-Federal interests' abi lity to satisfy the terms and
condit ions of thi 5 agreement as set forth herei n.

This Animas-La Plata Project cost-sharing agreement is an integral part
of, and is contingent upon, a final settlement of the litigation filed in
Colorado District Court for Water Division No.7 for the quantification of
the reserved water ri9ht claims of the Southern Ute and Ute Mountain Ute
Indian Tribes in the State of Colorado. .

WATER RIGHTS SETTLEMENT

The final water rights settlement a9reement will provide for, among other
things, the following:

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