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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 />... <br /> <br />Following this, and after six months of intense negotia- <br />tions with the Department of the Interior, during which every <br />aspect of the Agreement in Principle was revisited, on December <br />10, 1986, The Colorado Ute Indian Water Rights Final Settlement <br />Agreement ("Final Settlement Agreement") was signed by the <br />Departments of the Interior and Justice, the State of Colorado, <br />the Ute Mountain Ute Indian Tribe, the Southern ute Indian Tribe <br />and various water conservancy districts, municipalities, ditch <br />companies, and water users in Colorado. The Final Settlement <br />Agreement was a lengthy and meticulous document, over 70 pages, <br />and provided a comprehensive settlement of the tribes' claims for <br />water. It included six major components: (1) The tribes <br />received specified amounts of water from the Animas-La Plata and <br />ya1ares Projects and additional rights to certain quantities of <br />water tram varlOUS streams which pass through the reservation; <br />(2) the tribes agreed to specific conditions governing the admin- <br />istration and use of the reserved waters, l.e., beneflClal use as <br />a limitinq condition, monitorinq of water usaqe, sharinq of <br />streamflow data, and ludicial chanqe-in-use proceedings in state <br />water court were required. The state water court was given <br />jurisdiction over all water "on the reservation not decreed to ,the <br />tribes as a reserved water right, including both unappropriated <br />water and state appropriative rights; (3) the tribes waived <br />ancillary breach of trust claims against the united States; (4) <br />the tribes received $60.5 million for tribal development funds to <br />enable them to develop their water resources or otherwise make <br />the reservations economically self-sufficient; (5) the non- <br />federal parties contributed money to the construction of the <br />Animas-La Plata Project and the tribal development funds; and (6) <br />the federal government deferred tribal repayment of certain <br />project costs until the water from the projects was actually put <br />to beneficial use. <br /> <br />CHANGE OF USE <br /> <br />The Final Settlement Agreement quantified the priority, <br />amount and source of the reserved water right, and identified the <br />place of use, type of use, and diversion point for the water <br />rights. It also established change proceedings to be followed if <br />the tribe wanted a cnange ln tne type, place, or tlme ot use or a <br />change in the point of diversion of the water right. Chanae pro- <br />ceedinqs were premised on the notion that the riqhts of other <br />users must be protected if the tribes changed the use of their <br />water. <br /> <br />Under the Final Settlement Agreement, three separate change <br />scenarios were examined based on the proposed place of use of the <br /> <br />-6- <br /> <br />O.L~J <br />
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