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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 />4122 <br /> <br />Agreement. The Agreement provides for joint State-Tribal aemin- <br />istration of the vater rights confirmed to the Tribes. It sub- <br />jects the on-reservation use of Tribal vaters to the requirements <br />of change in vater rights proceedings, beneficial use and resolu- <br />tion of disputes in Colorado District Court for Water Division <br />No.7. <br /> <br />Article V - ~easing and Off-Reservation Use <br /> <br />Subsection A concerns not only leasing but also the sale, <br />exchange or temporary disposal of Tribal waters. The <br />subsection's sole purpose is to overcome the restrictions of the <br />Indian Non-Intercourse Act by allowing the Tribes to temporarily <br />transfer title of their water to third parties. Subsection B <br />aaaresses the off-reservation use of Tribal vaters. It discusses <br />twe types of off-reservation use: (1) off-reservation and <br />in-state use~ and (2) off-reservation and out-of-state use. For <br />the off-reservation and in-state use of reserved water, the <br />Tribes agree to comply with all of the state laws, federal laws <br />and interstate compacts that other non-Indian water users must <br />comply with. For off-reservation and out-of-state use, the par- <br />ties agree that the Tribes can use their water to the extent per- <br />mi tted by state law, federal. law, interstate compacts, and. ir: :er- <br />national treaties, as these treaties pertain to the appropria- <br />tion, use, development, storage, regulation, allocation, conser- <br />vation, exportation or quality of the water of the Colorado ~iver <br />and its tributaries. <br /> <br />Article VI - Finality of Settlement <br /> <br />This article describes the process of finalizing the Agree- <br />ment. In 19B7 the parties will present a proposed s:ipulaticn <br />reflecting the terms of the Agreement to the Colorado Dis:r:c: <br />Court for Water District No.7. The water court will then cive <br />notice and hold the appropriate hearings to rule en objectior:s tc <br />the Stipulation. The parties will request that the court r:c: <br />enter a final consent decree until the Tribes, the State ar:~ the <br />United States jointly certify that the federal and state 1e;is- <br />lative enactments necessary to implement the Agree~en: have =eer: <br />Obtained. <br /> <br />Even after the Agreement is made final and entered as a <br /> <br />-3- <br />
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