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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
Publication
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<br />4141 <br /> <br />tion of the ALP, quantification of the Indian reserved water <br />right claims on each of the rivers, and the thorny legal issues <br />concerning marketing of Indian reserved water rights. <br />This agreement was presented to the U.S. Department of the <br />Interior with a request for speedy review; the June 30, 1986 <br />deadline imposed by Congress loomed. The federal government came <br />back to the table on June 11, 1986. Even then the federal gov- <br />ernment's cost-sharing demands remained out of reach and signifi- <br />cant legal hurdles emerged. The federal government was unmoved <br />in its opposition to the type of liquidated damage provisions the <br />parties believed essential to the enforceability and finality of <br />the agreement. There was significant federal pressure for a <br />modification of the state's position on interstate marketing: <br />the federal government wanted Colorado to agree to upper basin <br />leasing, with the law of the river to apply only in the lower <br />basin. New demands for water administration were made. The fed- <br />eral government quantified its trust obligation to the tribes by <br />stating that these considerations served to move them back to the <br />bargaining table. On June 26, 1986 the parties were still $53 <br />million apart. <br />In the last two days before June 30, the deadlock broke and <br />on June 30, 1987, the State of Colorado, the New Mexico Inter- <br />state Stream Commission, the major Colorado and New Mexico water <br />user entities, the two ute Indian Tribes, and the Under Secretary <br /> <br />-7- <br />
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