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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Cont i ngent upon appropri at ions by the Congress, Phase One facil itl es sha I 1 be
constructed by the Bureau of Reclamation within a periOd of not less than 12
years from the date of this agreement. Phase Two facilities will be constructed
by one or more of the non-federal entities signatory to this agreement on such
schedu 1 es as they deem pract i cab 1 e.

2. As part of their non-federal contributions, the non-Federal entities agree
to non-federally finance the Phase Two facilities listed above. Until the
completion of Phase Two facilities, this phasing of facilities has the effect
of making the Southern Ute Tribe's municipal and industrial water and the Ute
Mountain Ute Tri be's munici pal and industrial and irrigation water avai lable at
Ridges Basin Reservoir. In addition, it has the effect of deferring the irriga-
tion of 10,700 acres of full service land in Colorado and the irrigation of
1,900 acres of full service land in New Mexico.

3. Construction of Phase One facilities will be financed as follows:
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a. $30 million contribution to be deposited by the Colorado Water Resources and ,\>~/
Power Development Authority, less the amount not to exceed $75,000 to be spent Wi"~
,by the Authority for the surface geology survey in 1986, into an escrow account 01
within 30 days following the initiation of irreversible construction or pre-
constr,uction activities by the Secretary for the development of Phase One 'of 'the
Animas-La Plata Project. 'Escrow funds, including interest earned thereon, will
be avai lable on demand by the Secretary to fund no more than twenty percent of
the total estimated Phase One development costs in any year.

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b. $7.3 million to be provided by the Animas-La Plata Water Conservancy
District in a lump-sum payment to the Secretary no later than September 30 of
the year prior to the year in which the Secretary declares that municipal and
industrial water is expected to, be available to non-Indian beneficiaries in
Colorado. Allocable costs in excess of $7.3 million attributable to inflation'
wi 11 be repayable pursuant to a repayment contract between the Secretary and the
District with su,ch escalation for inflation of materials and labor costs not to
exceed 30 percent. Escalation of overhead costs will be treated in accordance
with paragraph 6 below.

c. $75,000 to be provided by the Animas-La Plata Water Conservancy Oistrict in
payment s of $5,000 per year, payab 1 e on or before October 1 of each yea r, com-
mencing the first year the Secretary expends funds for the Animas-La Plata
P roj ect.

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d. $50,000 to be provided by Montezuma County
payment within 30 days following initiation of
ties by the Secretary for Phase One.

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to the Secretary in a 1 ump-sum 1,\\0 IJ-
irreversible construction activi- r"~'
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e. An estimated $12.8 million, to be provided by the San Juan Water CommiSSion _ v
through the agency of San Juan County, wi 1 1 be ava i 1 ab 1 e to the Secretary to fund~..-- ~
the estimated annual cost of developing the New Mexico non-Indian municipal and J~vJ'
industrial water share of the Phase One facilities, such funds to be provided on vl' I
a schedule of applicable actual costs related to New Mexico muniCipal and CO'"
industrial water facilities. Allocable costs in excess of $12.8 million attri- r~~
butable to inflation will be repayable pursuant to a repayment contract between vr"
the Secretary and the San Juan Water Conunission with such escalation for infla-
tion of materials and labor costs not to exceed 30 percent. Escalation of
overhead costs will be treated in accordance with paragraph 6 below.