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<br />':," <br /> <br />. . <br /> <br />" <br /> <br />1131 <br /> <br />...... ".. <br /> <br />>'::;:li;~tt . "~~ ,~~<... <br />'., ",,\.:~,~~;,,_i.... ':....;., , <br />',\:'~>/i''i:.''~i~ : <br />'. .~:.';" ~'., ' . <br />'" .~, .... .~. <br /> <br />. .'. <br /> <br />;..... <br /> <br />.......:>,:,;~:'~&t;......... <br /> <br />.,'f'<~,::i:~l;~:lz'~i'{::'~:~t~kU.:!~:::.t~.:,i:\;~:i~!;~:,;~Y,(;.:,. <br />{fh reemore' meef';ngsCSfj't. <br /> <br />:"\,~.~.>:~.~ . <br />t'....t" <br />" . .:~~{~.~~::.. <br />ff <br /> <br />,,".> <br /> <br />. <br /> <br />Continued from Page.1 <br />muntclpal and industrial facllitle5. <br />Also to be worked out Ls allocaUon of <br />water rights on riven elL!t at the <br />Animas for theSouthem Ute Tribe. <br />- How to deliver the Indians their <br />regotlated share! of the water <br />without depriving present non- <br />Indian water usen. <br />The subcammlttees will meet <br />separately and 88 many urnes as <br />they deem necessary durtng the <br />peri04 .up to the January Tow8oc <br />meotIng. . <br />Rep......lIng the .latell durtog the <br />l!eSions were Colorado Attorney <br />General Duane Woodard; Bill Me- <br />OQnald" DIrector of the COlorado <br />Water, Conservation Board; Ivai <br />JOBlln, special consultant on the <br />AnIma..I.o Plaia Project on behliff <br />ri the Colorado Water ResollI'Ce5 <br />and Power Development Authority <br />and its fonner director; Paula <br />PbIlUpa of Woodard's office; and <br />AillUp Mutz and Steven Reynolds of <br />~ New Mexl.co Interstate Stream <br />QlnunWlon. <br />Among the federal officials from <br />the Department of Interior were <br />MIke Clinton, the negottato!' for the <br />Indian' water rights and cost-6har1ng <br />committees, and Joe Membrlno, <br />IIOUcltor for the department. . <br />Representing the non.Ind1an <br />water lISen within the areas of the <br />streams affected by the water rightB <br />IIlI1t were Fred Kroeger of the South- <br />west Water COMervaUon District., <br />Tom Colbert of the Mancos Water <br />Conservancy DIstrict and John MUI'- <br />PlY 01 the _I.o Plaia Water <br />Conservancy District. Bruce <br />McMee of the Dolores Water Con- <br />Ia'V8ncy Dbtrlct was unable to at- <br />tend. <br />Durango Mayor Ann Brown bI <br />d1alrperoon 01 tile forum and Jim <br />Hyler coordinator. <br />Representing the Ute Mountain <br />Ute indian TrIbe were Council <br />0laJ.nnan Ernest House, C01U)o <br />dlWOlllll/l Judy KnJgb~ Joe Keck <br />aqd attorney Daniel llU1Iel. For the <br />Southern Ute Tribe were Chri8 <br />Bater, Don E. Baker and attorney <br />Scott McElroy. <br />A joint s,tatemeot drawn up from <br />the earller' meeting In Ignacio was <br />presented to the negotlaUng fonun <br />on IIoaoclng BOd co-obarlng priJ>. <br />clpals for 'the water r1gJita aggree- <br />ment on tbe Animas-La Plata. <br />. "This Isn't an agreement In prin- <br />clpal," but a report, Goslin <br />remarked, gIving Colorado's <br />position on the paper followtng the <br />reading and remarks by cUnton. <br />Poin.t! In the proposed. paper: <br />1. Non-Indian municipal and In- <br />dustrial water (Durango, Far. <br />nUngto', etc.). All cooto "ould be <br />paid by the slalelJ 01 Colorado (f22.3 <br />mllllon) and New Mexico ('18.2 <br />~on), with repayment revenue! <br />retumlngto the.latell. <br />Goallo and Woodard ..Id that tile <br />Colorado Water and Power <br />Authority has $30 mllIlon to help <br /> <br />" <br /> <br /> <br />_.re "ater proJecl3. The only <br />way the M&:I can be funded is <br />through revenue bonds, hence there <br />can't beany up-front money. <br />Z.Indian municipal and industrial <br />water (Towaoc, Ignacio). The <br />federal government. would pay $7lI.7 <br />mllllon of the total cost of $116.1 <br />million. The non-federal sha:re of up- <br />front financing for Indian MM. <br />water, t3G.4m1lUon, reflects the cost <br />r1 the Southern Ute Dam and Reser. <br />voir, to be funded by the Southern <br />ute Tribe or State of Colorado when <br />hilll. <br />New Malco would pay the JJ <br />mIllIon for Interim facilJties to sup- <br />ply water until Southern Ute Dam la <br />WIll. <br />Repayment of the fedel'll.l '19.7 <br />would be deferred unW the water is <br />llOld, tile tribeo belng respoomble for <br />repayment or M&I constnJ.ctlon and <br />r1 operaUons, maintenance and <br />repair costs. <br />3. Non-IIJdian irrtgation, totallng <br />$332.1 mlllion, would be financed by <br />the federal govenunent, which in- <br />cludes $285.7 million in Colorado and <br />$48.'mlWonIn New Mexico. <br />Repayment by the fanners will <br />return totbe Federal Treasuery. <br />However, the government fee15 <br />that non-tedel'll.l entitie!: should <br />. finance from one-lourth to one.half <br />the costs, U!Ing up-front financing or <br />an Increase In the Colorado River <br />Storage Project hydroelectric power <br />rates at Glen Canyon, Blue Mesa <br />FlamIng Gorge and other plants, <br />meaning an Increase of one and two- <br />thlrdII1llb. <br />t. Indian irrigation. The federal <br />government would fiIwlce $3'1.7 <br />mllIlon 01 the 185.8 mlIIlon coot W>- <br />Iler the Leavitt Act, "bleb provld.. <br />that the Indlallll not have to repay, <br />wt only are responalble for <br />~atlolUJ and maintenance costI. <br />It was propOl!led that the remaln- <br />der of the cost would be repaid to the <br />federal government througb <br />Colorado River Storage Project <br />power revenues. <br />The Ute Mountain Ute Irrigation <br />lBcIlItIe3, oootlng 148.1 mlDlon, <br />would be luoded by tile tribe through <br />. ita!llggested development fund and <br />would be bullt through staged con- <br />stnJctlon, with operation begInnIng <br />In 2000. Operations and maintenance <br />would be paid by the tribe uolog <br />revenUe!: from fanning. <br />5. Recreation, ffah and wildllfe and <br />Cultural resources. The non-Indian <br />coob would be funded by the slates, <br />flU milllon by Colorado and $9.3 <br />million by New Mexico. <br />The federal govenunent would <br />PRY' the '18.6 mllllon for Indian- <br />related facll1t1es. <br />Dissenting opinIons were that <br />Colorado and New MeDco don't <br />want to finance such measures. But <br />the federal government fee15 that <br />the features are subject to cost- <br />sharing negotiations. <br />Gosnell and Woodard 88id that <br /> <br />"'" <br /> <br />'<~ :'~""X~( <br /> <br />'.'''. <br /> <br />Colorado believes It Ls a federal <br />duty, but the state 18 w1ll1ng to sbare <br />the costs, providing repaymen~ Is <br />deferred 'unW ~ end of con- <br />struction. <br />6. TribBI development funds. The <br />Southern Ute Tribe wants$3l) mUllon <br />and theUte Mountain UtelI want '100 <br />million 88 compensation for set- <br />tlement of claims for past federal <br />negUgence, the fundo to be used to <br />support MId uses and fann devel~ <br />ment to increase self-sufficiency and <br />economic well-being. <br />The forum ouggeob f22.3 mlDlon <br />. foc the Southern Utea BOd $53.1 <br />million for the Ute Mountain Utes, <br />lor a total 01175.8 mllIlon, 01 "bleb <br />the federal goverment would pay <br />fR.' mWIIon BOd Colorado fR.7 <br />mlllion. <br />The slate's contribuUon to the <br />fund would be based on avoided <br />lawsuits in court and damages to <br />mn-Indlan water users. 1be federal <br />government's contribution wo~ be <br />based on avoIded lawsuit court costs <br />and waJved charges of negligence <br />stemming from pooalble fallure to <br />..erd.ella tnlBl respolWbUlty. <br />Dw.nllng, the slalell belleve that <br />development funds should be finan- <br />ced wholly by the federal govern- <br />Imllt as trmtee for the tribes. But <br />the government feels the nm- <br />IndIans should share the COlIlta <br />because of settlIng the water rights <br />JrOblema. <br />Goslin and Woodard stated that It <br />would be "impossible" for the State <br />.<< Colorado to produce such Indian <br />development funds. In order to fund <br />llUCb a program, tIleyllll1d, tile 01- <br />flc1als would have to go to the irtate <br />Ieglslat'ure, which is already <br />.uuggllng with Its budgal. Survival <br />r1 such a request would have 88 <br />IlD.Icb a chance as "a snowball in <br />that hot place," Woodard stated. <br />7. Other repayment of llfe cycle <br />(of the p(Ojecl) costs for operattOll!l, <br />maintenance and replacement. Non- <br />federal entit1e3 would bear the $33.5 <br />million over the yean. <br />8, Escrow accounts will be kept for <br />...eb part 01 tile project to earn In- <br />tereot. <br />or the prop~ paper, the New <br />MeJ:1C8l1S said that they wanted the <br />constroctioo time cut down to 88ve <br />up to '100 mllIlon if it $'etches to 18 <br />yean. " <br />They added that New Mezico <br />could ammge for '18.2 mlWon up- <br />front funding by Issuing revenue <br />bonds for noo-.IndIan irrigation. <br />But, lhey said, the federal govern- <br />ment. should bonor the 1968 <br />1eglalaU.. "bIch provided that the <br />Dolorea, _La Plala and lhree <br /><ther Colorado projects be buIlt at <br />the same dme u the Central <br />Arizona, and all without l!Iuch <br />restrlctlonsascost-ebartng. <br />General dbcussion that followed <br />Irooght agreement that tile 11168 <br />legislation should be honored, but <br />that "economic reality" now <br />dominates the Congress' way of fun- <br />ding projects. <br /> <br />.- (~, -"....' <br />