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<br />OOC425 <br /> <br />. <br /> <br />. <br /> <br />(1) The water rights claims of the two Tribes are the <br />sUbject of existing and potential lawsuits involving many <br />parties; <br /> <br />(2) These lawsuit would be expensive and time-consuming <br />and could adversely affect the health and development of the <br />Indian and non-Indian economies; <br /> <br />(3) The parties to the lawsuits and others have worked <br />diligently and have achieved a permanent settlement of the <br />Winters water rights claims; <br /> <br />(4) It is in the long-term interests of all of the <br />negotiating parties. including the United States. that the <br />United States provide the assistance necessary to implement the <br />Agreement; <br /> <br />(5) The implementation of the Agreement. which is <br />dependent upon the construction of the Animas-La Plata Project. <br />will enable the United States to honor its 1968 commitment to <br />build the project. and <br /> <br />(6) The Federal government may have violated its trust <br />obligations to the Tribes by its failure to construct the <br />Animas-La Plata Project as authorized. by diverting the Mancos <br />River for the benefit of non-Indians. and by taking power <br />revenues that have been generated by the Indians' water for its <br />exclusive benefit. The implementation of the Agreement will <br />resolve these damage claims. <br /> <br />III. Definitions <br /> <br />The definitions in the Agreement are self-explanatory and <br />are not repeated in this summary. <br /> <br />IV. Quantification of Tribal Claims <br /> <br />1. The Ute Mountain Ute Indian Tribe shall be entitled <br />to the rights to use water from the following sources: <br /> <br />a. Dolores proiect. An average annual supply of <br />22.900 acre-feet of agricultural irrigation water. 1.000 <br />acre-feet of municipal and industrial (M&I) water. and 800 <br />acre-feet for fish and wildlife development pursuant to <br />contract(s) with the Bureau of Reclamation. M&I water will be <br />delivered in full supply. Irrigation and other uses. except <br />stream fishery releases. will share shortages equally with <br />other Colorado water users. Stream fishery releases will be <br />governed by the operating agreement between the Bureau of <br />Reclamation and the Dolores Water conservancy District. <br />Construction costs allocable to the Tribe's irrigation water <br />will be deferred under the Leavitt Act. Costs allocable to M&I <br />water will be deferred. with no interest accruing during the <br /> <br />-2- <br />