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<br />. .. <br /> <br />.' <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />-2- <br /> <br />): <br />CI1"" (,I <br />pV)-<" <br />Ppi' <br /> <br />1. A consent decree to be prepared by the Colorado parties, theU.nited States <br />and the Tribes providing for a comprehensive quantification and detennination of <br />the reserved water right claims of the Tribes and providing for the uniform and <br />cooperative administration of the decreed waters. This consent decree shall be <br />submitted for approval by the District Court for Water Division No.7, State of <br />Co I orado, and du ly approved by the court on terms agreeable to the part i es. <br />Entry of a final decree shall be contingent upon enactment of legislation which: .)W <br /> <br />a. Authorizes the Tribes, pursuant to the requirements of 25 V.S.C. 177, to V,.'o\~~ <br />1 ease or temporari 1 y di spose of water to the extent otherwi se permitted by ~,- , <br />applicable Federal and State law, interstate water compacts, and treaties. jOo'/ <br /> <br />b. Provides for deferral, without interest, of the repayment costs allocable <br />to municipal and industrial water supplies, including operation and maintenance <br />costs, allocated to the Tribes from the Dolores and Animas-La Plata Projects. <br />As an increment of water is leased or otherwi se used, repayment of that i ncre- <br />ment's prorata share of the allocable costs shall commence. <br /> <br />c. Assures that the Tribes are not restricted by application of federal <br />Reclamation laws from using and/or leasing waters allocated to the Tribes from <br />the Dolores and Animas-La' Plata Projects. <br /> <br />d. Authorizes appropriation of the federal share of the $60.5 million Tribal <br />Development Fund provided for in the settlement. <br /> <br />e. Provides that performance by the United States of the actions required by <br />the aforementioned legislative provisions will be conditioned on the Tribes exe- <br />cuting a waiver and release of al I claims concerning water rights whether in rem <br />or against any party to the settlement other than those which may arise under--- <br />the terms of the settlement.. <br /> <br />The parties contemplate that other enactments, as needed but not enumerated <br />herein, will bedrafted by the parties and proposed to the Congress. <br /> <br />2. The creation oJ Tribal Development Funds for the Tribes, with $20.0 mil lion 9'..-;/ <br />for the Southern Ute Tribe and $40.5 million for the Ute Mountain Ute Tribe, ~ <br />sa i d funds to be created as fa 11 ows: <br />l <br />a. $5.0 mi 1 lion to be depos i ted by the State of Colorado, cont i ngent upon ~1'W' <br />appropriation by the Colorado General Assembly, to the Tribal Development Funds, iLl, <br />no later than 30 days following the deposit of the first installment of Federal L~ , , <br />monies to said Development Funds. ; L1 <br /> <br />b. Such amount as needed, estimated at $6.0 mil1ion, to be expended by the <br />State of Colorado for construction of the Towaoc pipeline and domestic water <br />distribution system for the Ute Mountain Ute Tribe as a credit to the Ute <br />Mountai n Ute Development Fund. Said construction will be initiated within one <br />year of the executi on of the final settlement agreement, and shall be completed <br />within one year of the initiation of construction. <br /> <br />, <br />~( <br />C;o"'! <br />, ".i/ <br />'J"l<" <br />~,r7J <br /> <br />l,.\I""'\f <br />C" <br />~~0 <br /> <br />0360 <br />