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<br />001103 <br /> <br />were given the option of settling on 160 acre allotments, or <br />moving to the western portion of the Reservation. Non-Indians were <br />able to acquire some of these allotments as well. In 1934 this <br />homesteading process was closed. The result was the present <br />configuration of checkerboard Indian and non-Indian lands on the Southern <br />Ute Reservation and the contiguous block nature of the Ute Mountain Ute <br />Reservation. These lands are downstream from non-Indian development in <br />Colorado. Almost every river in southwestern Colorado passes <br />through one or both of 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 i=igation was beginning <br />upstream from the Reservation, on the pine River. The Southern <br />Ute Tribe filed claims for irrigation purposes in 1895, and water <br />litigation ensued which lasted until 1930, when a federal <br />court awarded the Indian claimants the number one water right on the pine <br />River. This created a severe water shortage for the non- Indian <br />irrigators, and resulted in the construction of Vallecito Dam in <br />1941, to serve both Indian and non-Indian lands. <br /> <br />In contrast, the Mancos project was developed on the Mancos River by <br />1950. Although the Mancos River is the primary river through the <br />Ute Mountain Ute Reservation, the Tribe did not receive the <br />benefit of water service from the Project. In fact, the town of <br />Towaoc, which is on the Ute Mountain Ute Reservation, did not <br />even have a potable water supply until 1990, as part of the <br />implementation of terms under the 1986 Settlement Agreement. <br /> <br />Colorado is a semi-arid state and the precipitation it <br />receives, 16.5 inches on average, varies significantly from <br />year to year. Droughts occur frequently and can last several <br />years. Therefore, the ability to capture and store water <br />during times of plenty is critical to providing a stable <br />economy. In 1956, Congress enacted the Colorado River Storage <br />Project Act (CRSP), which provided for comprehensive water development <br />throughout the Upper Colorado River Basin. This Act authorized <br />the construction of the initial CRSP units -- Curecanti, Flaming <br />Gorge, Navajo and Glen Canyon; a number of participating projects, <br />including the Florida Project; and the preparation of planning <br />reports including the Animas-La Plata and Dolores Projects. The <br />Florida proj ect was completed to serve lands on Florida Mesa in <br />1963, which included some Indian lands but which did not completely meet <br />Indian needs. <br /> <br />The CRSP Act also established a mechanism for assisting in the <br />funding of construction of these and other projects, through the <br />creation of the Upper Colorado River Basin Fund (the "Basin Fund"). In <br />short, hydroelectric power revenues generated from the CRSP Units are <br />credited to the Fund to pay for certain construction, operation and <br />maintenance costs of the initial CRSP units. The balance of any <br />revenues are credited to each of the upper basin states to pay for that <br />portion of the construction costs of participating projects <br />allocated to irrigation, that are beyond the ability of irrigators to <br />repay. Additionally, participating projects can take advantage of <br />favorable rates for CRSP power. <br /> <br />In 1968, Congress enacted the Colorado River Basin proj ect Act <br />