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<br />. <br /> <br />4206 <br /> <br />Ind16n Water Cla1ms: Is a Peaceful Resolut10n Poss <br /> <br /> <br />by <br />David H. Getches. Executive <br />Colorado Department of Natural <br /> <br />March 15, 1985 <br /> <br />My ass1gned topic is really a quest10n: "Ind1an water cla1ms: <br /> <br />Is a peaceful resolution poss1ble?" My answer is that H there is <br /> <br />going to be any true resolution of Indian water claims it must be <br /> <br />peaceful. We have just heard a presentation on negotiation and <br /> <br />mediation of water disputes. Indian water rights negotiation is some- <br /> <br />what in its infancy. We know about the treaties of yesteryear; that is <br /> <br />not a hlstory of successful negotlation on either side. We need to <br /> <br />consider why negotiation is important and what can make it successful <br /> <br />Let's go to the year 2005. The Southwestern Water Conservation <br /> <br />District is holding its 23rd Annual Water Use and Management Seminar. <br /> <br />The Supreme Court has just handed down a decision in a major water <br /> <br />rights case, awardlng to the Southern Ute Tribe and the Ute Mountain <br /> <br />Tribe less than half the quantity of water they had claimed. The <br /> <br />declsion was based on the theory that they should get only enough <br /> <br />water for thei r pract i cab 1 e i rri gab 1 e ac reage. The Court looked at <br /> <br />the acreage and the economics and it quantified the Tribes's rights at <br /> <br />the amount of water the Ind1ans could put to economic use. <br />