BOARD01567

• Board Meeting Date: 5/1/1975
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

As you know, the White River, after it leaves Colorado, runs through and
by our tribal lands between there and before it joins the Green River.
Also, after it joins the Green River, it can furnish water to a very
substantial part of irrigable lands on the Uinta and Ouray reservation.

The Winter's Doctrine, which some of you have heard something about,
maybe some have not, but the Winter's Doctrine determined that the I
Indian rights were fixed as of the time the reservation was set aside,
which takes us back to the early 1860's. That right, under the decision
of the Supreme Court of the United States, is a right that is perfected
as of the time of the setting aside of the reservation. That differs
distinctly from the proving up of claims as we do under state law. Our
right is perfected, although not used. Then, in the case of Arizona
versus California further steps were taken. Under those circumstances,
it was determined that the quantum of that water was determined by the
irrigable acreage. The decree didn't say that is the only way it could
be determined. I believe your Southern Utes are attempting to have a
further definition with respect to that. But, knowing at least that
we have the irrigable acreage and sufficient water we say four acre-
feet per acre, which is a reasonable amount urider~most circumstances,
that we have a very fixed and definite water right.

The Ute Indian tribe in Utah has proceeded along very good and substantial
lines to fix that right definitely. They have hired an engineer and
have come up with their irrigable acreage. That acreage has been
presented to the state of Utah and has been presented to the federal
government. It has gained recognition in both sources. The determination
of what that right is according to irrigable acreage has been recognized
not only by the Utah Water and Power Board and later by the Board of
Water Resources, but by the legislature of the state of Utah, the
Governor of the state of Utah and by the Congress of the United States.
We feel we are on pretty firm ground as far as the water rights of the
tribe are concerned.

We have very definite plans to develop and use every bit of water that
we have. We also understand that there are neighbors that we must live
with, and that there are things that can be done without hurting each
other in order to accomplish the desired result for everybody. We are
very happy, may I say particularly to the Colorado board, that we have
had the cooperation of the Utah board in recognizing these rights and
fitting them into their plans. We must of course deal with both you
and with the Utah board with respect to the White River. We hope that
we can become partners in development.

We hope to have a mutual understanding as we go along rather than I
becoming an adversary to what you might try to do without us. I believe
that this can be accomplished. We have had many conversations with some
of the planners who are here and we have particularly enjoyed the hos-
pitality while we have been here, particularly of the oil shale people.
We appreciate the way the Colorado people have received us, and we will
be ready and willing at any time to enter into discussions with you.
We assure you that you will find us good listeners. I think you will
find us with some ideas of our own. We intend, of course, to protect

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