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<br />~IHY-18-1'3'32 1,,:35 FROI'! ['HIllEL H. r'"p':'EL, F.':. <br /> <br />TO <br /> <br />16822560506--30 <br /> <br />P.1iJ7 <br /> <br />.~ <br /> <br />IV. <br /> <br />PROTECTION OF VESTED <br />Il\"TERESTS <br /> <br />. <br /> <br />Any proposal for the changed operation of the River <br />(particularly water marketing) must include provisions designed <br />to protect the state compact allocations and the vested tribal <br />water rights. The Tribes share many of the concerns expressed by <br />the states that any change in operation and management of the <br />River must fully protect the entitlement of all parties. <br /> <br />It is the intent of the Tribes to pursue marketing opportu- <br />nities which provide reasonable and necessary protection for the <br />water allocations of both the states and the Tribes. The Tribes <br />believe that the United states' obligation to administer and <br />regulate the Colorado River waters for the benefit of all parties <br />also embraces this responsibility. The Tribes agree to support <br />all measures reasonably necessary to ensure that legitimate State <br />interests are protected. <br /> <br />V. EOUITABLE SHARING OF <br />COLORADO RIVER <br />ECONOMIC BENEFITS <br /> <br />. <br /> <br />Central to the TribeS' proposal is the recognition that the <br />economic benefits of the Colorado River are not now being enjoyed <br />consistently with the State allocations and tribal water rights. <br />Verv simply, most of the Tribes (and many of the states) are not <br />and presently utilizing all of their Colorado River waters. The <br />Tribes' reservations require increased revenues in order to <br />prosper. Leasing of unused water would assist the Tribes in <br />realizing the full economic benefits of their water entitlements. <br /> <br />VI. OUTLINE OF THE TRlBES' <br />PROPOSAL <br /> <br />Each Tribe has committed a portion of its water rights to <br />reservation agricultural and municipal and industrial uses. <br />Therefore, each Tribe will have a different policy with respect <br />to leasing its waters. Some may wiSh to lease only unused <br />portions of their allocations, others may be willing to consider <br />leasing water now being used on their reservations. Some tribes <br />may not wish to consider leasing at all at this time. Some <br />Tribes may wish to obtain additional water supplies. <br /> <br />For any marketing that does occur, the Tribes believe that <br />intra and inter-state water marketing of the waters from the <br />Colorado River is consistent with the Commerce Clause and can be <br />structured so as not to undermine the Compact allocations. The <br />Tribes also believe that the preferred method to develop a water <br />marketing program is through agreement with the Seven Basin <br /> <br />. <br /> <br />4 <br />