BOARD02509

• Board Meeting Date: 7/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

.,

.

.

.

MH,-18-1'3'32 1..):37 FROt'1 DhtlIEL H. I'=,FhEL. P,'~'

1':,\]22560506--30

P.GS

TO

~,

,/"'"

states. With these comments in mind, we suggest the following
concepts:

~ Each Tribe may quantify with the assistance and
cooperation of the states an available supply of unused or other
wise available tribal water.'

B. The water-short States and Tribes would determine among
themselves how much water, and under what terms, they would agree
to lease from the water surplus Tribes (and States). The
affected parties would negotiate the terms of the water leases.

C. ~ach lease would be subject to approval by the Seven
Basin States, the Colorado River Tribal Partnership and the
Secretary of the Interior, principally for the purpose of
assuring that the lease is consistent with the need of the States
and the Tribes to protect their water right allocations. One
approach for obtaining approval of the states and the Tribes
would be have the states and the Tribes participate in the
development of Basin wide procedures and conditions for leasing.

VII. TRIBAL WATER RIGHTS IN
THE CQLORADQ RIVER

to submit
The

Each of the ten Tribes which have joined together
this proposal have water rights in the Colorado River.
various tribal rights are briefly summari~ed below.

A Northern Ute Tribe -- congress is now considering H.R.
429, Ute Indian Water Rights settlement, which contains a
quantification of the Tribe's water rights. Approximately
480,000 acre feet of water is held in trust by the United States
for the benefit of the Tribe and others within the Reservation.
Depletions are limited to a total of 248,943 acre feet per annum.
The primary priority date for the Tribe's water rights is October
3, 1861, and a limited number of tribal rights have a priority of
January 5, ~882. Marketing of the Northern ute Tribes' reserved
water rights outside the State of Utah must comply with the rules
applicable to non-Indians who sell their water out-Of-state.

B. Southern Ute Indian Tribe -- Effective December 19, 1991,
the Southern Ute Indian Tribe has settled its water rights
pursuant to agreement with the state of Colorado and pursuant to
1988 federal legislation. That agreement provides the Tribe with

1/similarly, states with wa~er surpluses could undertake a
parallel inventory. For example, under our proposal, water
committed by the water surplus states to instream flows to
satisfy the federal endangered species act requirements could be
identified and targeted for leasing.

5