WSPC01926

• File Number: 8220.106.O
• Description: Colorado River Water Projects - Animas La Plata - Project Funding
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 3/24/2004
• Author: Various
• Title: Animas La Plata Project Funding - Testimony - US Senate Subcommittee on Energy and Water Development - ALP Project - 03-24-04
• Water Supply Pro - Doc Type: Report/Study

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The Tribal claims encompassed the potential irrigation of some
93,'000 acres, in over 25 stream systems tributary to the San
Juan River. Most of these lands were in the La Plata and Mancos
River Basins, which are water-short and over-appropriated.
Success by the Tribes would totally eliminate existing non-Indian.
irrigation, disrupt local economies and create regional
hostility.
,

~ 1986 Settl_t Agreament
and Subsequent Legislation

In' April 1985, many parties, public and private, convened
negotiations to address the issues raised by the Tribe's reserved
rights claims. The state of Colorado's negotiating position was
ba~ed on several principles:

. vested property rights held'. by' . owners of state decreed
water rights would not be compromised;

. existing economies should be protected;

. existing uses should be protected by a "no injury"
standard;

. reserved rights claims should be quantified by state
water court, not by Congress or in federal courts; and

. the Tribes legitimate needs, such as the lack of a
potable water supply for Towaoc, should be met.

After intense and complex negotiations, an agreement in principle
was reached that included a binding cost-sharing agreement for
construction of the Animas-La Plata Project. This Agreement was
titled the "Agreement in Principle Concerning the Colorado Ute
Indian Water Rights Settlement and Binding Agreement for Animas-
La Plata Project Cost Sharing." By signing the Agreement in
Principle, the Secretary of Interior certified that the non-
federal cost share. contributions were reasonable, allowing for
the federal release of the first $1 million for construction of
ALP. In addition to the cost sharing elements of the Agreement,
the parties to the state water court litigation agreed to a set
of principles that established the parameters for settlement of
the reserved right claims.

After six months of intense negotiations, the Colorado Ute Indian
Water Rights Final Settlement Agreement was signed on December
10, 1986. The Settlement Agreement contains six major elements:

1. In each of the drainage basins, the reserved rights of
the Tribes were quantified.

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