WSPC01926 - Laserfiche WebLink

Home Browse Search

a3/26/2aa4 '13:31 72a4B9aS24 FAX PAGE a7/6B 001116 ,i .i introduced reflected the neutral nature of the Settlement Agreement conCerning the legality of interstate marketing of reserved water rights under the Law of the River. However, Lower Colorado River Basin states adamantly opposed the provision, and demanded that the Tribes be prohibited from applying for any out of state changes in place of use. Other western states objected to the potential alienation of any federal reserved water right from the federal reservation. The final Act therefore limited use of Tribal rights in the Colorado River Basin until a final court order or' agreement of all seven Colorado River Basin States has previously allowed such right for non-federal, non-Indian water rights. Moreover, the Act provides that any use of water off Re~ervation will result in the right being changed to a State of Colorado water right for the term of such use. : Th~ Colorado General Assembly also enacted the legislation contemplated . by the Settlement Agreement. This legislation appropriated $5 million to the Tribal Development Funds, so IlUlch as needed for the Towaoc Pipeline, and $5.6 million for the Ridges Basin cost sharing. ., i ~: ) , i In December 1991, the Water Court approved the consent decrees that had been submitted to it based on the stipulations entered pursuant to the Settlement Agreement, .and following the enactment of necessary f~deral and state legislation. ! Co~oraclo ute Settlement Act A1IIendments of 2000 I The debate over construction of the Animas-La Plata Project with environmental opponents did not stop despite the 1988 Agreement and the entry of the water court decrees. A separate process, was undertaken to try to bring final closure to the Tribal claims ort the Animas and La Plata Rivers. The culmination of that process was the Amendments of 2000 to the 1988 Settlement Agreement which in short reduced the size of Ridges Basin R$servoir by approximately one-half and restricted the project to municipal, industrial and recreational purposes, eliminating the irrigation component of the project. The amendments also reduced the water allocations to various project beneficiaries and created "resource funds" for the Southern Utes and Ute Mountain Utes. ConcJ.usj.on In summary, all of the conditions of the Settlement have been satisfied, except for the construction of the Animas:"La Plata Project, and the Agreement remains in full effect. Therefore, completion of the Animas-La Plata Project is of the upmost importance to Colorado if it is to avoid litigation with the Ute Tribes over their reserved water rights claims on the Animas and La Plata Rivers. After the extraordinary efforts by all the parties involved in these settlement discussions since 1972, the 6