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<br />0910 <br /> <br />INDIAN AND FEDERAL WATER RIGHT PROBLEMS <br /> <br />In November of 1972, the Justice Department on behalf of the United <br />States Government and the Ute Mountain Ute and Southern Ute Indian <br />Tribes of Southwestern Colorado filed a civil action in the United <br />States District Court for the District of Colorado (Civil Action No. <br />C-4497)" in which suit the United States seeks to have its water <br />rights and the water rights of the Indian Tribes established in the <br />San Juan River Basin in Southwestern Colorado. Although these claims <br />have not as yet been defined in amount, they are known to represent <br />large quantities of water. Because of the legal precedents established <br />by the United States Supreme Court in Winters Vs. United States, 207 <br />U. s. 564, (1908) and Arizona vs. California, 343 U.S. 546 (1963) it is <br />expected that the water rights claimed by the Indian Tribes will receive <br />priority dates as of the establishment of the various Reservations which <br />priority dates will be senior in right to all of the water rights now <br />in Use in the San Juan Basin. <br /> <br />It appears that the,Town of Mancos, population 1,200, and the surround- <br />ing Mancos Reclamation Project with an irrigated agricultural area of <br />about 10,600 acres will be effected most seriously by these pending <br />water rights. The Ute Mountain Ute Indian Tribe has potentially irri- <br />gable lands located downstream from Mancos that are several times larger <br />in area than that of the ar!"a irrigated by the Mancos Proj ect. If the <br />Tribe receives a No. 1 Priority water right for their lands and builds <br />facilities to put the right to beneficial use, there will be essentially <br />nQ water left for the community of Mancos. The entire financial economy <br />of the area could be lost. <br /> <br />Probably the community with the jsecond most serious impact would be <br />Fort Lewis Mesa. This area's economy has already dwindled seriously as <br />a result of the administration of the Colorado-New Mexico Interstate <br />Compact on the La Plata Riv.er.'; During the 1920"s there was about 20,000 <br />acres of irrigated land on Fort Lewis Mesa that produced good crops. <br />Marvel, the trading community of the area, at that time had a thriving <br />economy with about 15 businesses, including a bank. The irrigated <br />aareage has now decreased to about 3 or 4 thousand acres with only a <br />meager water supply. There is only one small general store in Marvel <br />now. The impact resulting from prior Indian water rights could finish <br />destroying the arfa's econo:r. <br /> <br />The Animas-La Plata Project provides the only practical solution to the <br />critical social and financial problems that would otherwise develop as <br />a result of the Indian water right claims. It "Would make about 80,000 <br />acre-feet of water available for the development of land and mineral' <br />