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<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 />.- (~, -"....'
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