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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 />0011u7 <br /> <br />6. The parties agreed to seek Congressional relief from the <br />Non-Intercourse Act limitations on Congressional <br />oversight over the use of reserved water rights. The <br />Tribes were allowed to sell, exchange or lease water <br />outside the Reservations, within or outside the state of <br />Colorado, subject to state and federal law, interstate <br />compacts and the law of the Colorado River. <br /> <br />The Settlement Agreement specified certain contingencies that had to be <br />met before the settlement became final. The parties agreed to <br />submit consent decrees to the Division 7 water court for <br />judicial approval. A stipulation setting forth this commitment was <br />filed, but was subject to legislative enactments by the United <br />States Congress and Colorado legislature prior to becoming final. <br /> <br />Federal legislation was introduced, and was enacted in 1988. The Act <br />approved the settlement and contained all the provisions <br />contemplated by the parties, except for those relating to the <br />interstate marketing of water. The legislation as introduced <br />reflected the neutral nature of the Settlement Agreement concerning the <br />legality of interstate marketing of reserved water rights under the Law of <br />the River. However, Lower Colorado River Basin states adamately <br />opposed the provision, and demanded that the Tribes be flatly <br />prohibited from applying for any out of state changes in place of <br />use. Other western states objected to the potential alienation <br />of any federal reserved water right from the federal reservation. <br />The final Act therefore limited use of Tribal rights in the Colorado <br />River Basin until a final court order or agreement of all seven <br />Colorado River Basin States has previously allowed such right for non- <br />federal, non-Indian water rights. Moreover, the Act provides <br />that any use of water off Reservation will result in the right being <br />changed to a state of Colorado water right for the term of such use. <br /> <br />The Colorado General Assembly also enacted the legislation <br />contemplated by the Settlement Agreement. This legislation <br />appropriated $5 million to the Tribal Development Funds, so much as needed <br />for the Towaoc Pipeline, and $5.6 million for the Ridges Basin <br />cost sharing. <br /> <br />In December 1991, the Water Court approved the consent decrees that had been <br />submitted to it based on the stipulations entered pursuant to the <br />Settlement Agreement, and following the enactment of necessary <br />federal and state legislation. <br /> <br />Colorado Ute Settlement Act Amendments of 2000 <br /> <br />The debate over construction of the Animas-La Plata Project with <br />environmental opponents did not stop despite the 1988 Agreement <br />and the entry of the water court decrees. A separate process, <br />was undertaken to try and bring final closure to the Tribal <br />claims on the Animas and La plata Rivers. The culmination of <br />that process was the Amendments of 2000 to the 1988 Settlement <br />Agreement which in short reduced the size of Ridges Basin <br />Reservoir by approximately one-half and restricted the project to <br />municipal, industrial and recreational purposes,eliminating the <br />
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