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WSPC01926
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Last modified
1/26/2010 11:15:17 AM
Creation date
10/9/2006 3:05:02 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />001104 <br /> <br />(CRBP). Among other things, the CRBP Act authorized the construction of <br />the Animas-La Plata and Dolores Projects, concurrent with <br />the completion of the Central Arizona Project. The <br />authorization for the Animas-La Plata project was for a configuration <br />substantially different than the presently proposed configuration. <br />However, the Project was always contemplated to serve both Indian and <br />non-Indian needs. <br /> <br />Thus, as of the late 1960's, there was some resolution of Tribal <br />claims, and a good deal of water development undertaken and <br />contemplated in the San Juan River Basin. Some but not all of this <br />development benefited the Tribes. However, quantification of <br />Tribal claims, and their impact on non-Indians, were certainly open <br />questions. The United States Supreme Court established a test <br />for the amount of such claims, based on practicably irrigable acreage, <br />which includes both present and future irrigation needs. <br /> <br />Quantification of the Tribal claims in Colorado commenced in 1972, when the <br />United States Department of Justice filed reserved rights claims on behalf <br />of the two Ute Tribes in federal district court. The state of Colorado <br />and other parties intervened, and moved to dismiss on the <br />grounds that under the McCarren Amendment jurisdiction <br />belonged in state water court. The United States Supreme Court <br />ruled that state court was the most appropriate forum in which <br />to achieve integrated adj udication of reserved rights claims. <br />Immediately thereafter, the United States filed extensive claims in <br />state water court. <br /> <br />The Tribal claims encompassed the potential irrigation of some <br />93,000 acres, in over 25 stream systems tributary to the San Juan <br />River. Most of these lands were in the La Plata and Mancos River <br />Basins, which are water-short and over-appropriated. Success by the <br />Tribes would totally eliminate existing non-Indian irrigation, <br />disrupt local economies and create regional hostility. <br /> <br />TIle 1986 Settlement Agreement <br />and Subsequent Legislation <br /> <br />In April 1985, <br />negotiations to <br />rights claims. <br />based on several <br /> <br />many parties, public and private, convened <br />address the issues raised by the Tribe's reserved <br />The state of Colorado's negotiating position was <br />principles: <br /> <br />. vested property rights held by owners of state decreed water <br />rights would not be compromised; <br /> <br />. existing economies should be protected; <br /> <br />. existing uses should be protected by a "no injury" standard; <br /> <br />. reserved rights claims should be quantified by state water <br />court, not by Congress or in federal courts; and <br /> <br />· the Tribes legitimate needs, such as the lack of a potable <br />water supply for Towaoc, should be met. <br />
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