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<br />001126 <br /> <br />Testimony of Howard D. Richards, Sr., Chairman <br />Southern Ute Indian Tribe - March 24, 2004 <br />Page 2 <br /> <br />which still must be resolved, but I am confident that we will continue to work together and <br />continue to move forward with building and operating the project. . <br /> <br />Both legally and practically, the construction of ALP is required to settle the tribal water <br />rights claims on the Animas and La Plata Rivers. The average flow of the Animas River out of <br />the State of Colorado is more than 700,000 acre-feet per year. But like most western rivers, the <br />run-off varies greatly from year to year and takes place mostly in the springtime. Without <br />storage, this water supply is of only limited use. Since the early part of the 1900's, parties in <br />southwest Colorado and northwest New Mexico have sought to develop this resource to meet the <br />needs of their communities. AE. a result of those efforts, ALP was authorized by federal law in <br />1968.' <br /> <br />Until 2000; the purpose of ALP was to meet irrigation, municipal and industrial needs in <br />the area. AE.. structured in the late 1970's, the project was to provide water to users along the <br />Animas River and, in addition, take water from the Animas River, store that water in Ridges <br />Basin Reservoir, and deliver the water west into the La Plata Basin where it could be used for a <br />number of purposes, including irrigation. When negotiations over the tribal water right Claims <br />began in the mid-1980's, the Bureau of Reclamation had completed a "final" environmental <br />impact statement, a definite plan report and obtained clearance forthe full project under the <br />Endangered Species Act, 2 and other federal environmental laws. <br /> <br />Under the Colorado Ute Indian Water Rights Final Settlement Agreement,3 the <br />construction of certain project facilities were required to settle the tribal claims on the Animas <br />and La Plata Rivers. The Southern Ute Indian Tribe was to receive irrigation, municipal and <br />industrial water supplies from the project. In addition, certain tribal agricultural deliveI)' <br />facilities were to be constructed. In 1988, Congress approved the Settlement Agreement ap.d <br />authorized the construction and use of the project as envisioned by the Settlement Agreement.4 <br />Under the Settlement Agreement and 1988 Settlement Act, the two Ute Tribes could return to <br />court to seek recognition of their water rights if the required project facilities were not completed <br />by January I, 2000. Section 10 of the 1988 Settlement Act directs that the "design and <br />construction functions of the Bureau of Reclamation with respect to the Dolores and Animas-La <br />Plata Projects. . ." were to be "subject to the provisions" of the Indian Self-Determination and <br /> <br />'See 43 U.S.C. ~ 620. <br />216 U.S.C. ~~ 1531-44. <br /> <br />\Dec. 10, 1986) ("Settlement Agreement"). <br /> <br />. 4Colorado Ute Indian Water Rights Settlement Act of 1988, Pub. L. No. 100-585 (11988) <br />(" 1988 Settlement Act"). ' <br />