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Last modified
1/26/2010 11:39:47 AM
Creation date
10/9/2006 4:38:49 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Basin
San Juan/Dolores
Date
6/5/1991
Author
Lois Witte
Title
Negotiating and Indian Water Rights Settlement: The Colorado Ute Indian Experience
Water Supply Pro - Doc Type
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<br />. <br /> <br />4144 <br /> <br />acre-feet of water from the three rivers flowing through the Ute <br />Mountain Ute Indian Reservation. The Southern Ute Indian Tribe <br />received the right to beneficially use 29,900 acre-feet of water <br />from ALP and over 10,000 acre-feet of water from various other <br />water sources serving the reservation. In addition, both tribes <br />received underground water for individual domestic and livestock <br />uses, and current existing uses were protected. <br />The tribes were also given the right to use their water <br />off-reservation. Within the State of Colorado this use was gov- <br />erned by state law. Outside the State of Colorado the use was <br />governed by law of the river. The Final Settlement Agreement was <br />silent, however, on the extent to which the law of the river <br />applied to tribal reserved water rights. Again the issue was <br />left for a future judicial determination. <br />Unfortunately, the signing of the Final Settlement Agree- <br />ment did not end the Colorado Ute Settlement process. Instead, <br />it merely provided the road map for the beginning of a new pro- <br />cess, directing the signatory parties in three different direc- <br />tions: to the United States Congress to obtain specific legis- <br />lative enactments, to the Colorado State Legislature to obtain <br />necessary state moneys, and to the state water court to obtain <br />final court decrees confirming the water rights of the tribes. <br /> <br />-10- <br />
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