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<br />The Agreement in Principle resolves in one agreement both a
<br />major quantification of Indian Winters Rights and the development
<br />of projects to utilize the Indian as well as non-Indian waters of
<br />two of the principal Upper Basin tributaries to the Colorado
<br />River, the Dolores River and the Animas River. Moreover, the
<br />Agreement in Principle eliminates a potentially substantial
<br />United States liability for breach of trust claims arising out of
<br />the suppression of Ute Mountain Ute Winters Rights and the
<br />expropriation for its own use of Indian property through the sale
<br />of power revenues from waters subject to the Winters Rights
<br />claims of the Tribes,
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<br />Under the Agreement in Principle the United States is to
<br />provide $49,500,000 to the Tribal development funds, and
<br />$402,100,000 for the Animas La Plata Project, While these monies
<br />are substantial, they are modest in amount when contrasted with
<br />the United States commitments to the Central Utah Project and the
<br />Central Arizona Project. Indeed the United States will likely
<br />spend near $2,000,000,000 on the Central Utah Project and
<br />$3,600,000,000 on the Central Arizona Project. In underwriting
<br />most of the cost of these two massive projects, the United States
<br />will commit substantial funds to the Indian water users,
<br />particularly in Arizona where it is anticipated that the United
<br />States contribution to the Central Arizona Project includes
<br />nearly $600,000,000 to the Arizona Indian Tribes. In contrast,
<br />under the Agreement in Principle, the United States direct
<br />contributions to the Ute Indians, as noted above, is $49,500,000
<br />for the Tribal development funds. While a portion of the Animas
<br />La Plata Project federal contribution should properly be
<br />allocated to the Tribes, it must be recognized that under the
<br />Agreement in Principle, the Southern Ute Tribe and the Ute
<br />Mountain Ute Tribe have agreed to stage construction of the
<br />Southern Ute Reservoir and the Ute Mountain Ute irrigation works.
<br />These Tribal agreements create a combined federal savings of
<br />$73,500,000.
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<br />Furthermore, the federal contributions under the Agreement
<br />in Principle compare favorably with recent federal contributions
<br />to Indian water settlements, apart from the Central Utah Project
<br />and the Central Arizona Project. Thus under the 1982 Southern
<br />Arizona Water Rights Settlement Act, 96 Stat. 1274, involving the
<br />Papago Indian Reservation, the United States committed itself to
<br />$33,000,000 of Reservation capital expenditures, $73,000,000 of
<br />Central Arizona Project allocations, specifically the Tucson
<br />aqueduct bringing water to the Papago Indian Reservation, and
<br />future O&M charges of $3,575,000 per year. Similarly under the
<br />1984 Ak-chin Indian community water rights settlement, 98
<br />Statute 269, dealing with the Ak-chin Indians in Arizona, the
<br />United States committed $10,400,000 to acquire water rights
<br />required by the settlement, $14,600,000 of allocated Central
<br />Arizona Project construction costs, and $25,800,000 in small
<br />reclamation loans to develop on Reservation laterals, farm
<br />ditches, and other on farm developments. Further, as in the case
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