WSPC01369

• File Number: 8064
• Description: Federal Water Rights - Colorado Indian Negotiations
• State: CO
• Basin: Statewide
• Date: 4/4/1986
• Author: Unknown
• Title: The Agreement in Principle - Briefing Paper
• Water Supply Pro - Doc Type: Report/Study

000434

UTE INDIAN TRIBES
RESERVED WATER RIGHTS NEGOTIATIONS
FACT SHEET
March 14, 19B6

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Overview

The reserved water rlghts claims of the Ute Mountain Ute Trlbe and the
Southern Ute Tribe have been at lssue since 1868. In 1908, the "Winters Doctrine"
of the Supreme Court guaranteed that Indian lands would have sufficlent quantitles
of water reserved for the tribes occupying those lands. However, there are
limited natural supplies of water in southwest Colorado and northwest New Mexlco.
The Ute Indian rlghts, if used in the amounts claimed, could elimlnate nearly all
non-tri ba 1 water rights of farmers and ranchers, thus destroying the goodwill
currently existing between both communities. The absence of water diversion
projects has reduced tribal agricultural production capacity and revenues. The
Tribes' water rights have a 1 so been used to generate power wi th a 11 revenues
accruing to the federal government.

In 1968 Congress mandated that the Dolores and Animas-La Plata projects be
built concurrently with the Central Arizona Project (CAP). The projects would
provide the Tribes with "wet water" to satisfy the Indian claims, sufficient water
for domestic and agricultural uses, revenues for those quantities of water sold to
non-Tribal users, and other economlc development opportunities dependent upon the
avallabllity of adequate supplies of water. Both Indians and non-Indians have
benefited from the CAP in Arizona. The Colorado Tribes have received only a
fraction of the assistance afforded the Arizona Tribes and have been left to
litigate their claims with their non-Indian neighbors.

Complete litigation of these claims could take years, cause enormous uncer-
tainties, and cost tens of ml11ions of dollars. One result would prObably be an
award of substantial paper rights to the Tribes with no facllities to deliver the
water. In addition, any litigation process would most certainly result in bitter-
ness and distrust. In the meantime, the Ute Mountain Ute Reservation would con-
tinue to lack, a basic domestlc water supply. Both Tribes would continue to lack
adequate water to develop their resources and strengthen their economles.

The United States origlnally flled reserved water rights claims on behalf of
the Tribes in federal district court in the early 1970's. The U.S. Supreme Court
later ruled that the Colorado Water Court had jurisdiction. The claims were
re-filed in the Water Court in 1976. In 19B2 the Colorado Supreme Court ruled on
the litigation of federal reserved water rights claims, thus clearing the way for
movement on the Indian claims. The Colorado Attorney General's Office and the
Colorado Water Conservation Board have been preparing the technical engineering
details for an eventual trial on the merits of the claims.

In 1985 Congress authorized the start of construction on the Animas-La Plata
,Project if the Secretary of the Interior approves a suitable cost-sharing arrange-
ment with the non-federal participants. The funding appropriation will expire on
June 3D, 1986. '

Settlement in Principle

In 1985, Governor Lamm assembled the parties to begin the process of settling
the Indian reserved water rights claims. The Colorado Attorney General and the
Department of Natural Resources then began the negotiation process. The major
parties to the negotiations are the two Ute Tribes, the United states, the