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WSPC05572
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Last modified
1/26/2010 12:01:49 PM
Creation date
10/9/2006 5:21:12 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Basin
San Juan/Dolores
Date
2/1/1988
Author
CWCB
Title
The Colorado Ute Indian Water Rights Settlement Act of 1987 - S 1415 and HR 2642
Water Supply Pro - Doc Type
Report/Study
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<br />, <br /> <br />4119 <br /> <br />Summary of S. 1415 <br /> <br />Federal legislation is required to implement selected <br />provisions of the Agreement. That is why S. 1415 and H.R. <br />2642. which are identical bills. have been introduced. <br /> <br />A summary of the bills as introduced is attached. The main <br />purposes of the bills are as follows: <br /> <br />(l) Section 4 implements that aspect of the Agreement <br />which calls for the Tribes to receive rights to water <br />supplied from the Animas-La Plata and Dolores <br />Projects. <br /> <br />(2) Section 5(a) authorizes each Tribe.' subject to the <br />Secretary's approval. to enter into water use <br />contracts to sell. exchange. lease. or otherwise <br />temporarily dispose of water in accordance with <br />Article V of the Agreement. Section 5(b) sets forth <br />the procedures and criteria by which the Secretary <br />shall review and approve or disapprove of any water <br />use contract submitted by a Tribe. <br /> <br />(3) Section 7 establishes the tribal development funds for <br />which the Agreement calls and authorizes the <br />appropriation of a total of $49.5 million. payable in <br />three annual installments. <br /> <br />(4) Section 8 authorizes the Tribes to waive and release <br />claims concerning or related to the water rights <br />described in the Agreement and conditions the <br />performance of the Secretary's obligations under the <br />Act upon the Tribes' execution of such waivers and <br />releases. <br /> <br />(5) Section 9 authorizes the Secretary to comply with the <br />administrative procedures set forth in Article IV of <br />the Agreement. The Department of the Interior <br />requested that this section be included to insure that <br />it would have authority to administer the tribal water <br />rights in compliance with the Agreement. <br /> <br />(6) The Agreement provides that the construction of the <br />Animas-La Plata and Dolores projects by the Bureau of <br />Reclamation shall be subject to the provisions of the <br />Indian Self-Determination and Education Assistance <br />Act. Section 10 of the bill implements this provision. <br /> <br />Proposed Chanqes to S. 1415 <br /> <br />At the time S. 1415 was introduced. the Tribes and the <br />state had not yet had the opportunity to fully work out with <br />the Departments of the Interior and of Justice the wording of <br />the bill. That has now been done. The agreed upon changes are <br />attached. <br /> <br />-3- <br /> <br />
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