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<br />002048 <br /> <br />RESOLUTION NO. 2002-186 <br /> <br />RESOLUTION <br />OF THE <br />COUNCIL OFTHE SOUTHERN UTE INDIAN TRIBE <br /> <br />OCTOBER 15, 2002 <br /> <br />WHEREAS, authority is vested in the Southern Ute Indian Tribal Council by the <br />Constitution adopted by the Southern Ute Indian Tribe and approved November 4, 1936, and <br />amended October 1, 1975, to act for the Southern Ute Indian Tribe; and <br /> <br />WHEREAS, under the provisions of Article vn, Section 1 (c) of said Constitution, the <br />Tribal Council has the inherent power to act regarding the water rights of the Southern Ute <br />Indian Tribe and under the provisions of Section I (n) has the power to protect and preserve the <br />propeny 3!ld natural resources of the Southern Ute Indian Tribe; and <br /> <br />WHEREAS, the Southern Ute Indian Tribe has negotiated a settlement of their reserved <br />water rights which were the subject oflitigation in the Colorado water courts; and <br /> <br />WHEREAS, the Colorado Ute Water Rights Settlement Act of 1988 (poL. 100-585), <br />subsequently amended in 2000 (P.L. 106-554, Title Ill), authorizes the Ute Mountain Ute Tribe <br />and the Southern Ute Indian Tribe to participate in the construction of the Animas-La Plata <br />Project ("Project" or "ALP") pursuant to the relevant provisions of Public Law 93-638; and <br /> <br />WHEREAS, the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe have <br />previously agreed to divide certain work associated with the construction of the Project in the <br />master list of ALP tasks; and <br /> <br />WHEREAS, the Tribes previously agreed to jointly pursue work associated with Borrow <br />processing necessary for construction of the Project and have now agreed to divide the work <br />associated with Borrow processing; and <br /> <br />WHEREAS, Sky Ute Sand and Gravel, a wholly owned enterprise of the Southem Ute <br />lndian Tribe, has agreed to process and supply the "batched material" for the Project, and the <br />Weeminuche Construction Authority, a wholly owned enterprise of the Ute Mountain Ute Tribe, <br />will conduct the "borrow processing" for Borrow Area B; and <br /> <br />WHEREAS. the Tribal Council appreciates the participation of the Ute Mountain Ute <br />Tribe in the construction of the Project and believes it is beneficial to both Tribes to provide the <br />processed materials as described above. <br /> <br />NOW, THEREFORE BE IT RESOLVED, by the Southern Ute Indian Tribal Council <br />acting for and on behalf of the Southern Ute Indian Tribe that the Tribal Council hereby <br />approvesha'Ving Sky'Ute Sand and Gravel provide the' batchedproducts and'Weeminuche <br />