WSPC02054

• File Number: 8064.100
• Description: Ute Tribes
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 9/1/1989
• Author: Harris Water Enginee
• Title: Ute Mountain Ute Tribe - Delores Project Irrigation - Small Reclamation Loan Application Report
• Water Supply Pro - Doc Type: Report/Study

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~~es project was reinstated on the basis that it offered
poterif;ial resolution of water rights claims under litigation by
the ute Mountain Ute Tribe. In addition to claims on all water
irrigating the Mancos Valley out of Mancos River flows and
storage from Reclamation's Jackson Gulch Reservoir, the Tribe
has agreed to not press damages claims against the united states
for knowingly violating the winter's Doctrine, established early
in the 20th Century, and upheld by the Supreme Court repeatedly
since that time, by building the Jackson Gulch Project in the
1940's which impounded the major river running through the
Reservation without providing water to the Tribe.

c. Construction funds appropriated by Congress for the
Animas-La Plata Project were only made available for expenditure
subject to Congressional ratification of the Water Rights
Settlement. ongoing appropriations for the Animas-La Plata
Project and scheduled execution of the terms of the Settlement
are interdependent.

d. The Settlement included an economic development fund to
assist the Tribe in developing Dolores project and Animas-La
Plata Project water allocations. When the size of the fund was
calculated, it was assumed that a total of $40.5 million would
be appropriated and begin drawing interest in 1987 to be
available for municipal/industrial and on-farm development of
the Dolores and Animas-La Plata water allocations. In fact,
only a portion of the fund is scheduled for appropriation in FY
1990.

To meet local cost sharing requirements under new
Reclamation policy, the Tribe found it necessary to agree to
build Animas-La Plata laterals, which were originally a project
cost, out of the development fund with an estimated cost of $49
million in 1986 dollars. The State of Colorado, as a part of
their cost sharing, agreed to provide $6 million dollars for
construction of a municipal pipeline and water delivery
facilities to provide the Tribal community of Towaoc with
potable water for the first time in their history.

e. As a result of delays in the appropriation of the
economic development fund and resultant loss of interest, the
assumption of $6 million of the development fund obligation by
the State of Colorado with no interest accruing to the Tribe,
and assumption of a $49 million obligation by the Tribe to build
Animas-La Plata laterals, initial withdrawals from the fund for
Dolores Project development must be limited to $7.7 million in
order for the fund to be adequate to the develop of the
Animas-La Plata Project in a reasonable period after Animas-La
plata irrigation water is available.

the
put

f. The
Tribal
the

allocated cost of Reclamation facilities serving
portion of the Dolores Project is $120 million. To
Tribal irrigation allocation to use within the

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