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WSPP00108
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WSPP00108
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Last modified
7/29/2009 9:25:46 PM
Creation date
10/1/2006 2:05:49 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Date
3/31/1990
Author
Lois G Witte
Title
Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-State and Tribal Partnerships in Negotiated Water Settlements-What Can Be Achieved
Water Supply Pro - Doc Type
Report/Study
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<br />, , <br /> <br />- <br /> <br />, <br /> <br />- <br /> <br />The federal government wanted a final resolution of all <br />Indian reserved water right claims and ancillary breach of trust <br />claims. It also required substantial up-front state and local <br />contributions to the settlement of the Indian reserved water ' <br />right claims. <br /> <br />The critical need to augment existing water supplies to <br />prevent curtailment of existing state water uses was met through <br />two federal reclamation projects, the Animas-La Plata Project and <br />the Dolores Project. Both of these projects are participating <br />projects under the Colorado River Storage Project Act of April <br />11, 1956,6/ and were authorized by the Colorado River Basin Act <br />of September 30, 1968.7/ The Animas-La Plata Project was author- <br />ized to supply reclamation project water to southwestern Colorado <br />and northwestern New Mexico but funds for construction had never <br />been appropriated. The Dolores Project was authorized to supply <br />reclamation project water to southwestern Colorado and construc- <br />tion was nearing completion. <br /> <br />The state requirement that the claims be quantified in <br />state water court was met b1 establishing a complicated process <br />for finality of the Indian reserved water right claims. The par- <br />ties agreed to present a proposed stipulation to the state water <br />court. Prior to entry of a final decree bv the state water <br />court, however, federal and state legislation necessary to imple- <br />ment select portions of the settlement had to be enacted. Fol- <br />lowing the passage of the federal and state legislation and the <br />payment of all necessary appropriations, the state water court <br />would be free to enter final decrees and vest the reserved water <br />rights in the tribes. <br /> <br />This staged approach to quantification of the claims and <br />entry of decrees in state water court is very different from <br />other Indian water right settlements, such as the Arizona Ak-Chin <br />Water Settlement 8/ and the Arizona Papago Indian Settlement,9/ <br />which had previously required Congressional approval. In these <br />acts, Congress itself quantified the water rights and the legis- <br />lation vested the water right in the tribes. <br /> <br />The tribes' requirement of usable, wet water was met in <br />four ways. First, Non-Intercourse Act limitations on the use of <br />the reserved water riqhts were removed, allowinq the tribes free- <br />dom from Congressional oversight during the sale, exchan e, or <br />lease 0 t e water r~qhts.10 Second, the state agreed to allow <br />the tribes the ability to change the type and place of use of the <br />reserved water rights, subject to change proceedings which would <br />protect existing users and stream conditions. Third, the state <br />agreed to allow the tribes the freedom to use, sell, or lease <br /> <br />-4- <br /> <br />019~ <br />
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