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WSPC02962
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Last modified
1/26/2010 11:33:15 AM
Creation date
10/9/2006 3:40:31 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Basin
San Juan/Dolores
Date
4/4/1986
Title
Briefing Paper in Support of the Agreement in Principle of March 14, 1986
Water Supply Pro - Doc Type
Publication
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<br />~ <br /> <br />, > <br /> <br />H. Rep. No. 1861, p.26 (1968). <br /> <br />The 1968 legislation not only carries forward cong~ess' plan <br />to have the Secretary implement a national strategy free of <br />conflicting state interests for the Colorado River. It also <br />carries forth the United States commitment to the various Indian <br />; Tribes that were established along the tributaries and the main <br />stem of the Colorado river. As was noted in Arizona v. <br />California, when each of the Indian Reservations in the Upper and <br />Lower Basins were created, and most were created before the <br />territories were divided into separate states, the United States <br />expresse1y set aside sufficient amount of waters to sustain the <br />Reservations. As the Supreme Court in Arizona v. California <br />noted: <br /> <br />Most of the land in these Reservations is and always has <br />been arrid. If the water necessary to sustain life is to be <br />had, it must come from the Colorado river or its <br />tributaries. It can be said without overstatement that when <br />the Indians were put on these Reservations they were not <br />considered to be located in the most desirable area of the <br />nation, <br /> <br />373 U.S. at 598. <br /> <br />Hence, when in 1968 Congress directed the Secretary to <br />estab~ish on a priority schedule a number of Upper Basin <br />projects, including the Animas-La Plata Project, Congress was <br />carrying forth a commitment of the United States made to the Ute <br />Indians of Colorado in 1863, 1868 and in 1895, when the United <br />States entered into treaties and agreements to set aside a <br />permanent home~and in Colorado for the Ute Indians containing <br />sufficient water to allow the Indians to live securely. <br /> <br />Significantly, in the years since 1968 the Secretary has <br />expended over $1,250,000,000 on the Central Arizona Project <br />($193,000,000 allocated to Arizona Indians) and only one-sixth of <br />that amount developing the Dolores Project which will benefit in <br />part the Ute Mountain Ute Indian Tribe, but Congress has spent <br />virtually no money on the Animas-La Plata. Further it is <br />presently anticipated that the Secretary will spend over <br />$3,000,000,000 ($573,000,000 of that on Arizona Indians) for the <br />Central Arizona Project. At the same time assuming full <br />construction of both the Dolores and the Animas-La Plata <br />Projects, the only Colorado projects designed to benefit Colorado <br />Indian Tribes, the Secretary will at most expend a total of <br />$600,000,000 on the two projects -- less than 20% of the <br />expenditures to be made on the Central Arizona Project, <br /> <br />To conclude, Congress' 1968 commitment to the Upper Basin <br />States and to the Ute Indians in Colorado to build the Animas-Las <br />Plata Project established what Congress believed to be a critical <br />Upper Basin component to its national plan to develop the <br /> <br />6 <br />
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