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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 />00l1J5 <br /> <br />After intense and complex negotiations, an agreement in principle <br />was reached that included a binding cost-sharing agreement for <br />construction of the Animas-La Plata Project. This Agreement was <br />titled the "Agreement in Principle Concerning the Colorado Ute <br />Indian Water Rights Settlement and Binding Agreement for Animas-La <br />Plata Project Cost Sharing." By signing the Agreement in Principle, <br />the Secretary of Interior certified that the non-federal cost share <br />contributions were reasonable , allowing for the federal release of <br />the first $1 million for construction of ALP. In addition to the <br />cost sharing elements of the Agreement, the parties to the state <br />water court litigation agreed to a set of principles that <br />established the parameters for settlement of the reserved right <br />claims. <br /> <br />After six months of intense negotiations, the Colorado Ute Indian <br />Water Rights Final Settlement Agreement was signed on December <br />10, 1986. The Settlement Agreement contains six major elements: <br /> <br />!Lu.'::0-..1L . \ elL <br />~'....NV'<Jo.>e-~ <br />,- <br />. .Av.> .,,~ , <br />'V~ ";" <br />i,-,h (LtG .l <br />~":l <br /> <br />1. In each of the drainage basins, the reserved rights of <br />the Tribes were quantified. <br /> <br />2. The Tribes waived ancillary breach of trust claims <br />against the United States. <br /> <br />3 . <br /> <br />The Tribes agreed to specific conditions concerning the <br />administration and use of reserved water rights, so as to <br />integrate such administration into administration of non- <br />Indian water rights. These conditions included <br />beneficial use as a limiting condition, monitoring of <br />water usage, sharing of streamflow data, and judicial <br />change in use proceedings in Colorado state water court when <br />required. The state court was given jurisdiction over <br />all water on the Reservations not decreed to the <br />tribes as reserved water rights, including both <br />unappropriated water and state appropriative rights. The <br />parties agreed to the entry of consent decrees in state water <br />'ourt. <br /> <br />1e Tribes received commitments to obtain $60.5 million <br />Tribal Development Funds, to enable the development of <br />ter and assist in economic self sufficiency. <br /> <br />rne non-federal parties agreed to significant cost <br />sharing of the Animas-La plata Project and Tribal <br />Development Funds. The parties agreed to seek <br />Congressional deferral of Tribal repayment of certain <br />proj ect costs until the water from the proj ects was <br />actually put to beneficial use. <br />
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