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Last modified
1/26/2010 11:11:25 AM
Creation date
10/9/2006 2:45:07 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />000416 <br /> <br />. <br /> <br />. <br /> <br />Colorado River. That 1968 commitment also guaranteed fair <br />treatment for both Upper Basin .Indian and non-Indian users of <br />Colorado River waters. <br /> <br />~ <br /> <br />PART THREE <br /> <br />The Agreement in Principle accomplishes a final <br />quantification of the Ute Indian Tribes' Winters Rights water <br />claims. <br /> <br />The national commitment to the Ute Indians emerges not only <br />from national legislation designed to develop Colorado River <br />waters, but also from a series of earlier federal laws -- the <br />Treaty of October 7, 1863, the Treaty of March 2, 1868, and the <br />Act of February 20, 1895. Each of these Congressional enactments <br />was designed to protect and preserve a portion of the lands and <br />waters of the Upper Colorado River Basin for a permanent homeland <br />for the Ute Indian people. This one hundred year national <br />commitment to provide a permanent homeland to the Ute Indians <br />containing sufficient water resources has been mirrored by a more <br />recent national commitment to the Tribes and to the non-Indian <br />citizens of Colorado and New Mexico to develop the Upper Basin's <br />share of Colorado River water. <br /> <br />The Agreement in Principle quantifies and satisfies once and <br />for all the Winters rights claims of the Tribes. Thus, the Ute <br />Mountain Ute Tribe is to receive a total of 84,500 acre feet of <br />water from the following sources: Dolores River through the <br />Dolores Project; the Animas and La Plata Rivers through the <br />Animas-La Plata Project; and direct flow water rights on the <br />Mancos River, Navajo Wash and the San Juan River. <br /> <br />Similarly, the Agreement in Principle provides for the <br />Southern Ute Indian Tribe to obtain 41,126 acre feet from the <br />following sources: Animas and La Plata Rivers through the <br />Animas-La Plata Project; and direct flow water rights from <br />numerous river sources flowing through non-Indian and Indian <br />lands in Southwest Colorado including the Florida, Piedra, and <br />San Juan Rivers. <br /> <br />Once these sources of water are fully quantified in <br />contracts for project water and in judicial proceedings, the <br />Agreement in Principle provides for the extinguishment of all <br />other historical claims by the Tribes under federal law and <br />relating to the quantification of Tribal waters. Indeed, a <br />principal motivating factor for the Agreement in Principle is the <br />desire to quantify and resolve the Winters rights water claims of <br />the Tribes through an amicable, efficient, and inexpensive <br />settlement process rather than undertaking what Indian and non- <br />Indians have seen elsewhere in the West -- namely, time consuming <br />and prohibitively expensive quantification litigation. <br /> <br />7 <br />
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