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<br />. <br /> <br />. <br /> <br />. <br /> <br />Page 3 <br /> <br />the proper forum in which to adjudicate the claims was in the State Court as <br />required by the congressional enactment of the Mc Carren Amendment, ':fue Tribe <br />then refiled its claim in the Division 7 Water Court in 1976, This set the <br />stage for the adjudication of the claims or their resolution through <br />negotiation. <br />'Jlle basic problem to Southwestern Colorado was not only the 1868 water <br />rights priority date. but the community conflict which could develop when the <br />lOOians were given. and put to use, their senior water, Indians and <br />non-lOOians live side by side, and their children attend the same schools. <br />Tribal activities are very much a part of the cultural heritage of all of <br />Southwestern Colorado, 'lbe economy of most conmnmities is affected by the <br />lOOians. A long protracted legal battle would severely strain the conmnmity <br />relationships, <br />'lbe water rights issue was influenced by a long history of inequities that <br />began with the signing of the l868 Treaty, the Homestead Act. water projects <br />being built without supplies for the IOOians, lack of potable water for lOOian <br />COIIUIl\lIIities. and a general feeling by the Tribes of a breach of trust by the <br />federal government, <br />'lbe scope of the tribal claims revolved around the potential irrigation of <br />93,000 acres of tribal lands, Unfortunately, the tribal lands most suited for <br />irrigation were on the strean's with the least anount of water, primarily the <br />La Plata and Mancos Rivers, If the Indians were successful in obtaining their <br />claims. irrigation on those streams by non-IOOians would be totally <br />eliminated. other streams such as the Florida River would also be severely <br />impacted, but not to the extent of the Mancos and La Plata Rivers, <br />'lbe resolution of the problem was similar to the solution that occurred in <br />the 193Cl's on the Pine River, It was apparent that there was a need to <br />construct storage projects and to transport water from one sub-basin to <br />