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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />In its proj ections of water development in the State' of Colorado to the year <br />2040, the U.S. Bureau of Reclamation does not include any specific depletion for <br />the Southern Utes. (A copy of their proj ections is included in Appendix E.) <br />Both the Bureau and the State have assumed that construction of the Animas-La <br />Plata project would satisfy the Indian claims. If the Animas-La Plata project <br />should not be constructed, however, it is conceivable that water for irrigation <br />of perhaps 5,000 additional acres of reservation land plus some minimum flows <br />for domestic and stock watering use might be reserved. The maximum summer month <br />requirement for such demands should not exceed 9,015 acre-feet. The probable <br />limit of claims for water outside the irrigation season under the "Winters <br />Doctrine" would be for an amount in the stream sufficient for stock water' and <br />domestic purposes. <br /> <br />Commitments to the State of New Mexico are defined in Article XIV of the <br />Upper Colorado Basin Compact, (see Appendix E). The compact recognizes a prior <br />right for all water in use at the time it was signed. Therefore, to the extent <br />that the Pagosa Springs pipeline right was in use in 1948, it should be exempt <br />from any call by New Mexico. Beyond that, Colorado is required only to deliver <br />a quantity of water sufficient to enable New Mexico to make full use of its <br />compact apportionment among the upper basin states. The U.S. Bureau of <br />Reclamation's figures for projected water supplies and depletions for the State <br />of New Mexico show a total compact allocation of 647,000 acre-feet. It should <br />be noted that this figure is based on an assumed upper basin average <br />availability of 5.8 million acre-feet, an assumption with which the upper basin <br />states do not necessarily agree. These figures also suggest that New Mexico's <br />needs will exceed that amount by the year 2000. Most of the 647,000 acre-feet <br />will be delivered from Navajo Reservoir which, with its holdover storage <br />capability, permits Colorado to deliver long-term average flows rather than meet <br />annual diversion demands. <br /> <br />3-8 <br />