FLOOD04936

• County: Statewide
• Community: State of Colorado
• Basin: Statewide
• Title: UTE Mountain Development
• Date: 2/3/1975
• Prepared By: CWCB
• Floodplain - Doc Type: Data ‎(general)‎

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XII.

The United States claims rights in and to the use of so much
of the waters of the Mancos, La Plata, Animas, Florida, Los Pinos
(Pine), Piedra, Navajo, and San Juan Rivers and waters tributary there-
to in the State of Colorado, as is or may become necessary for the
requirements and purposes of said r~servation having priority dates
as of the dates of the various acts of Congress, Presidential Proc-
lamations, Executive Orders and Public Land Orders which reserved
these National Forest lands.

XIII.

On October 25, 1930, a decree was entered in the case enti-
tled United States v. The Morrison Consolidated Ditch Company, et al.,
Equity No. 7736, in the District Court of the United States for the
District of Colorado. This action was a suit, inter alia, for an
adjudication of certain Indian rights to the use of waters of the Pine
(Los Pinos) River in the State of Colorado. It was not, however, a
complete stream adjudication. In this adjudication, rights to the
use of approximately two hundred twelve (212) second feet of water
from the Pine (Los Pinos) River and one (1) second foot of water from
Dry Creek, a tributary of the Pine River, were decreed for use on the
Southern Ute Indian Reservation. This water was to be used for "nec-
essary economical and beneficial irrigation and for domestic purposes"
for some sixteen-thousand nine-hundred sixty-six (16,966) acres of
irrigable land on the "former Southern Ute Reservation," but diversions
were not to be in excess of one (1) second foot of water for each
eighty (80) acres of land actually being irrigated. No determination
was made in said decree as to water rights of the Indians for purposes
other than irrigation and domestic uses. No determination was made
as to other Federal rights to the use of waters of the Pine (Los
Pinos) River. Without a determination by this Court of the legal
effects of the Pine River decree upon rights and uses not asserted
and not at issue in that action, and not mentioned in that decree, and
upon the relative priorities as between decreed rights and rights and
uses not covered by the decree, the United States cannot properly
determine its rights in and to waters of the Pine River.

XIV.

The defendants and each of them claim rights in or rights
to the use of the waters of the Mancos, La Plata, Animas, Florida,
Los Pinos (Pine), Piedra, Navajo, and San Juan Rivers and their

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