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<br />n004r5 <br /> <br />. <br /> <br />. <br /> <br />basin areas, particularly California, before the upper <br />States could appropriate what they believe to be their fair <br />share. <br /> <br />Arizona v California, supra at 555. Out of the Supreme Court's <br />1968 decision carne the 1968 commitment to protect the Indians and <br />non-Indians of Colorado and New Mexico through the development of <br />the Animas La Plata water project <br /> <br />Thus the Agreement in Principle represents a significant <br />step forward in the national plan to preserve for the Ute Indians <br />of Colorado as well as for the water users of Colorado and New <br />Mexico their fair share of Colorado River water. The Agreement <br />in Principle is the key to continuing participation by water <br />users in Southwestern Colorado and Northern New Mexico -- both <br />Indian and non-Indian -- to the comprehensive plan to utilize <br />Upper Basin waters secured in the 1922 Colorado River Compact, <br />the Colorado River Storage Project Act of 1956 and the Colorado <br />River Basin Project Act of 1968. The water supply for the Animas <br />La Plata project is within the apportionments of water secured <br />Colorado and New Mexico under this national legislation. As <br />recognized by the Supreme Court in Arizona v. California, the <br />commitments made to the Upper Basin states, including the 1968 <br />legislation, were required by both the great imbalance between <br />the water demands on and water supply of the Colorado River <br />system the high cost of water resource development in the Upper <br />Basin. <br /> <br />Colorado, New Mexico, and the two Ute Tribes have waited <br />patiently, perhaps too patiently, while projects were built in <br />accordance with the long term plans for the Colorado River. <br />Indeed, the United States has to date expended over <br />$1,500,000,000 for the Central Arizona Project and is planning to <br />spend an additional $2,000,000,000 to put to valuable use <br />Arizona's Lower Basin share of water. The time is long over due <br />for Congress to assist the Upper Basin states of Colorado and New <br />Mexico, and the Ute Indian Tribes. <br /> <br />The Agreement in Principle then represents an important step <br />on the part of the citizens of Colorado and New Mexico to <br />establish both an extinguishment of long standing and unresolved <br />Winters Rights claims of the Ute Indians and a fair and <br />reasonable cost sharing to develop the Animas La Plata Project. <br />The cost sharing commitments contained in the Agreement in <br />Principle relieve the United States of approximately one-third of <br />its initial federal obligation, reflect a real and significant <br />set of promises by the States of Colorado and New Mexico, local <br />water users, and the Tribes.The cost sharing commitments will <br />enable the United States to honor its 1968 commitments at costs <br />which are substantially less than the costs which have already <br />been incurred on water projects designated for other states along <br />the Colorado River. <br /> <br />2 <br />