Laserfiche WebLink
<br /> <br />. OQ1":)~ <br /> <br />. <br /> <br />. <br /> <br />I WOULD LIKE TO START WITH A BRIEF HISTORY OF THE <br />LITIGATION CONCERNING THE TRIBES' RESERVED WATER RIGHTS <br />CLAIMS. ALTHOUGH THE UNITED STATES FILED SUIT IN 1930 IN <br />FEDERAL DISTRICT COURT TO QUANTIFY THE RIGHTS OF THE SOUTHERN <br />UTE INDIAN TRIBE TO THE PINE RIVER AND A DECREE WAS ENTERED. NO <br />OTHER CLAIMS WERE FILED UNTIL 1972. <br /> <br />AT THAT TIME. THE UNITED STATES DEPARTMENT OF JUSTICE. AS <br />TRUSTEE FOR THE TRIBES, FILED CLAIMS IN FEDERAL DISTRICT COURT <br />FOR BOTH TRIBES ON NEARLY ALL OF THE STREAMS IN THE SAN JUAN <br />RIVER BASIN IN SOUTHWESTERN COLORADO. THESE FILINGS WERE <br />DISMISSED ON THE GROUNDS THAT THE STATE DISTRICT COURT HAD <br />JURISDICTION PURSUANT TO THE McCARRAN AMENDMENT. ON APPEAL. <br />THE U.S. SUPREME COURT RULED THAT THE STATE DID HAVE <br />JURISDICTION AND THAT THE POLICY OF THE MCCARRAN AMENDMENT <br />WOULD BE FURTHERED IF THE QUANTIFICATION OF TRIBAL CLAIMS TO <br />WATER OCCURRED IN STATE COURT, CONSEQUENTLY. IN 1976 THE <br />DEPARTMENT OF JUSTICE ENDED UP FILING WATER RIGHTS APPLICATIONS <br />IN THE COLORADO DISTRICT COURT FOR WATER DIVISION No, 7. <br /> <br />IT IS THIS LITIGATION--WHICH HAS BEEN PENDING FOR 11 <br />YEARS--THAT THE AGREEMENT WILL BRING TO A NEGOTIATED CONCLUSION. <br />A SUMMARY OF THE AGREEMENT IS APPENDED TO GOVERNOR ROMER'S <br />WRITTEN STATEMENT. THE FULL AGREEMENT HAS BEEN SUBMITTED <br />SEPARATELY. I WOULD REQUEST THAT IT BE INCLUDED IN THE <br />HEARING RECORD AT THE CONCLUSION OF MY REMARKS. <br /> <br />-4- <br /> <br /> <br />- <br /> <br />