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<br /> <br />63/26/2664 :13:31 7264896524 <br /> <br />FAX <br /> <br />001112 <br /> <br />Completion of the Animas-La Plata Project is critical to <br />preserving the benefits of the 1986 settlement Agreement with the <br />Ute Tribes and the stability that it brings to the citizens of <br />the San Juan River Basin. <br /> <br />Accomplishing these. results has required v~s~on, extraordinary <br />leadership, respect for the needs of all sides, a willingness to <br />listen to and explore new solutions, and a commitment to stay at <br />the table until a solution is reached. To fully understand the <br />importance of the Animas-La Plata project in this process, it <br />helps to review the history of the Reservations, the Animas-La <br />Plata Project and the 1986 Settlement Agreement. <br /> <br />Bistod.cal Context <br /> <br />The original' Ute Reservation was esta.blished by treaty in 1868, <br />prior to the arrival of non-Indian settlers to the area. <br />The arrival of non-Indians resulted in conflicts, and reconfiguration <br />of; the Reservation lands. In 18 9 5, Indians living 'on the <br />Reservation were given the option of settling on 160 acre <br />allotments, or moving to the western portion of the <br />Reservation. Non-Indians were able to acquire some of these <br />allotments as well. In 1934 this homesteading process was closed. <br />The result was the present configuration of checkerboard Indian and <br />non-Indian lands on the Southern Ute Reservation and the contiguous <br />plock nature of the Ute Mountain Ute Reservation. These lands are <br />downstream fram non-Indian development in Colorado. Almost every <br />river in southwestern Colorado passes through one or both of' <br />the Reservations. <br /> <br />The rights of Indian Tribes to reserved water is based on the date of the <br />reservation. In the late 1800' S, non-Indian irrigation was beginning <br />upstream from the Reservation, on the pine River. The Southern <br />Ute Tribe filed claims for irrigation purposes in 1895, and <br />water litigation ensued which lasted until 1930 I when a <br />federal court awarded the Indian claimants the number one water <br />right on the Pine River. This created a severe water shortage <br />for the non-Indian irrigators, and resulted in the construction <br />of Vallecito Dam in 1941, to serve both Indian and non-Indian lands. <br /> <br />In contrast, the Mancos proj ect was developed on the Mancos <br />River by 1950. Although the Mancos River is the primary <br />river through the Ute Mountain Ute Reservation, the Tribe did <br />not receive the benefit of water service from the Project. <br />In fact, the town of Towaoc, which is on the Ute Mountain Ute <br />Reservation, did not even have a potable water supply until <br />1990, as part of the implementation of terms under the 1986 <br />Settlement Agreement. <br /> <br />Colorado <br />receives, <br />year to <br /> <br />is a <br />16.5 <br />year. <br /> <br />semi-arid state <br />inches on average, <br />Droughts occur <br /> <br />and the precipitation it <br />varies significantly from <br />frequently and can last <br /> <br />2 <br /> <br />I <br /> <br />-- <br /> <br />PAGE 63/88 <br /> <br />