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WSPC02453
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Last modified
1/26/2010 11:19:14 AM
Creation date
10/9/2006 3:23:38 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Federal Water Rights - Colorado Indian Negotiations
State
CO
Basin
Statewide
Date
1/1/3000
Author
Unknown
Title
The Agreement in Principle, A Settlement of Disruptive Winters Rights Claims
Water Supply Pro - Doc Type
Report/Study
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<br />(. <br />, <br /> <br />. <br /> <br />. <br /> <br />n <br /> <br />000398 <br /> <br />past breach of trust claims against the United States) to assist <br />the Tribes to make their Reservation economically self <br />sufficient. <br /> <br />The Ute Mountain Ute Tribe is already entitled to a <br />substantial allocation of water from the Dolores Project but <br />lacks the financial capability to put this water to use. The <br />Tribal Development Fund provided under the agreement will allow <br />the Ute Mountain Ute Tribe to develop its Dolores Project water. <br />Under the the ALP, the Southern Ute Tribe will receive a project <br />allocation for municipal and industrial uses of 26,500 acre feet <br />and 3,400 acre feet of agricultural water. The Ute Mountain Ute <br />Tribe will also receive a 26,000 acre foot agriculture allocation <br />and a 6,000 acre foot M&I allocation from ALP. Under the <br />agreement the Tribes will not be obligated to repay the costs <br />associated with the provision of their allocations until revenue <br />is actually generated from the use of Tribal water. Aside from <br />receiving project water the Southern Ute Indian Tribe is entitled <br />to a total of 11,226 acre feet of water per year from other <br />sources under the terms of the agreement. The Ute Mountain Ute <br />Tribe will receive 21,000 acre feet per year of junior right <br />water from the Mancos river and 4,800 acre feet per year on the <br />Navajo wash as well as a direct flow right from the San Juan <br />River in the amount of 1,600 acre feet, In addition, the parties <br />to the agreement have quantified the Tribal rights in all other <br />water sources which cross or are adjacent to the Reservations <br />and have agreed upon a procedure for the administration of those <br />rights in the future. <br /> <br />The parties have also agreed, as a critical part of the <br />Agreement in Principle, to the provision of development funds for <br />the benefit of the two Tribes. Of the 60.5 million dollars <br />required for the two Tribes, 11 million dollars will be <br />contributed by the State of Colorado, The development funds <br />satisfy two objectives; first, they provide the means by which <br />the Tribes may actually develop their irrigable lands, including <br />the lands to be served from the Animas La Plata and Dolores <br />Projects. Second, they represent at least partial compensation <br />to the Tribes for the United States past failures to fulfill its <br />fiduciary obligations and a recognition that the State of <br />Colorado has an obligation to assist the Ute Indians in the <br />development of their Reservations. Finally, the Tribal request <br />for development funds carries forth the eKpectation that the <br />Winters Rights doctrine should provide some measure of concerete <br />benefits to the Tribes and that a final settlement of those <br />rights must respond to such expectations. <br /> <br />2 <br />
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