WSPC07020

• File Number: 8064
• Description: Federal Water Rights - Colorado Indian Negotiations
• State: CO
• Basin: Statewide
• Date: 9/16/1988
• Author: Unknown
• Title: Report With Additional Dissenting-Supplemental Views - H R 2642
• Water Supply Pro - Doc Type: Report/Study

0015U3

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(b) AGRICULTURAL IRRIGATION W ATER.-(1) The Secretary shall defer, without in-
terest, the repayment of the construction costa within the capability of the land to
repay, which are allocable to each Tribe's agricultural irrigation water allocation
from the Animas-La Plata and Dolores Projecta in accordance with the Act of July
1, 1932 (25 U.S.C. 386a; commonly referred to as the "Leavitt Act"), and section 4 of
the Act of April 11, 1956 (70 Stat. 107; 43 U.S.C. 620c; commonly referred,toils the
"Colorado River Storage Project Act"). Such allocated construction costa which are
beyond the capability of the land to repay shall be repaid as provided in subsection
(g) of this section. Until such water is first used either by a Tribe or pUl"lluant to a
water use contract with the Tribe, the Secretary shall bear the annual operation,
maintenance, and replacement costa allocable to the Tribe's agricultural irrigation
allocation from the Animas-La Plata Project, which costa 'shall not be reimbursable
by the Tribe. .
(2) As an increment of such water is first used by a Tribe or is first used pursuant
to the terms of a water use contract with the Tribe, the Tribe shall commence bear-
ing that increment's pro rata share of the allocable annual operation, maintenance,
and replacement costa. During any period in which water, is used by a tribal lessee
on land owned by non-Indians, the Tribe shall bear that increment's pro rata share
of the allocated agricultural irrigation construction costs within the capability of
the land to repay as established in subsection (b)(1).
(c) ANNUAL CoSTS WITH RI!SI'ECT TO RIDGES BASIN PUMl'ING PLANT.-(l) The Secre-
tary shall bear any increased annual operation, maintenance, and replacement costs
to Animas-La Plata Project water users occasioned by a decision of either Tribe not
to take delivery of ita Animas-La Plata Project water allocations from Ridges Basin
Pumping Plant through the Long Hollow Tunnel and the Dry Side Canal pursuant
to Article III, section A, subsection 2.i and Article III, section B, subsection 1.i ,of the
Agreement until such water is first used either by a Tribe or pursuant to a water
use contract with the Tribe. Such costa shall not be reimbursable by the Tribe.
(2) As an increment of ita water from the Animas-La Plata Project is first used by
a Tribe or is first used pursuant to the terms of a water use contract with the Tribe,
the Tribe shall commence bearing that increment's pro rata share of such increased
annual operation, maintenance, and replacement costa, if any.
(d) SECRETARIAL DEFERRAL.-The Secretary may further defer all or a part of the
tribal construction cost obligations and bear all or a part of the tribal operation,
maintenance, and replacement obligations described in this section in the event a
Tribe demonstrates that it is unable to satisfy those obligations in whole or in part '
from the gross revenues which could be generated from a water use contract for the
use of ita water either from the Dolores or the Animas-La Plata Projects or from the
Tribe's own use of such water.
(e) USE OF W ATER.-For the purpose of this section, use of water shall be deemed,
to occur in any water year in which a Tribe actually uses water or during the term
of any water use contract. A water use contract pursuant to which the only income
to a Tribe is in the nature of a standby charge is deemed not to be a use of water for
the purposes of this section.
(t) AUTHORIZATION OF API'ROI'RIATIONs.-There is hereby authorized to be appro-
priated such funds as may be necessary for the Secretary to pay the annual oper-
ation, maintenance, and replacement costa as provided in this section.
(g) CoSTS IN ExcESS OF ABILITY OF THE IRRIGATORS To REI'AY.-The portion of the
costa of the Animas-La Plata Project in excess of the ability of the irrigators to
repay shall be repaid from the Upper Colorado River Basin Fund pursuant to the
Colorado River Storage Project Act and the Colorado River Basin Project Act and
shall be repaid in 30 equal annual installments from the date that the water is first
available for use.

SEC, 7. TRIBAL DEVELOPMENT FUNDS.

(a) ESTABLISHMENT.-There is hereby authorized to be appropriated the total
amount of $49;500,000 for three annual installment paymenta to the TribaIDevelop-
ment Funds which the Secretary is authorized and directed to establish for each
Tribe, Subject to appropriation, and within 60 days of availability of the appropria-
tion to the Secretary, the Secretary shall allocate and make payment to the Tribal
Development Funds as follows:
(1) To the Southern Ute Tribal Development Fund, in the first year,
$7,500,000; in the two succeeding years, $5,000,000 and $5,000,000, respectively.
(2) To the Ute Mountain Ute Tribal Development Fund, in the first year,
$12,000,000; in the two suceeding years, $10,000,000 and $10,000,000, respective-
ly. '