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<br />Thus, as of the late 1960's, there was some resolution of Tribal
<br />claims, and a good deal of water development undertaken and
<br />contemplated in the San Juan River Basin, Some but not all of this
<br />development benefitted the Tribes. However, quantification of
<br />Tribal claims, and their impact on non-Indians, were certainly open
<br />questions. The United States Supreme Court6 established a test for
<br />the amount of such claims, based on practicably irrigable acreage,
<br />which includes both present and future irrigation needs,
<br />
<br />Quantification of the Tribal claims in Colorado commenced in 1972,
<br />when the United States Department of Justice filed reserved rights
<br />claims on behalf of the two Ute Tribes in federal district court.
<br />The state of Colorado and other parties intervened, and moved to
<br />dismiss on the grounds that under the McCarren Amendment'
<br />jurisdiction belonged in state water court. The United States
<br />Supreme Court8 ruled that state court was the most appropriate
<br />forum in which to achieve integrated adjudication of reserved
<br />rights claims. Immediately thereafter, the United States filed
<br />extensive claims in state water court.9
<br />
<br /> AnimaS-La Plata Project Water Supply __ 1968
<br /> Irrigation Municipal and Total Total
<br /> (af/yr) Industrial Supply Depletion
<br /> (af/yr) (af/yr) (af/yr)
<br />Colorado 138,900 62,700 201,600 112,300
<br />New Mexico 50,000 13,500 63,500 34,100
<br />Total 188,900 76,200 265,100 146,400
<br />Ute Mountain 21,730 23,500 45,230 22,100
<br />Ute Tribe
<br />Southern Ute 1,370 30,000 31,370 22,700
<br />Tribe
<br />Total ( Incl uded 23,100 53,500 76,600 44,800
<br />in state's
<br />share above)
<br />
<br />'Arizona v. California, 373 U.S, 546 (1963),
<br />
<br />743 U.S.C. 666. The McCarren Amendment consents to the joinder of the
<br />United States as a defendant in any suit for the adjudication of "water rights
<br />where the United States owns or is acquiring such rights.
<br />
<br />'Akin v, United States, 424 U,S. 800 (1976),
<br />
<br />~hese claims were originally filed as one pleading in the water court for
<br />Division No.7, and Case No. W-1603-76, and sought confirmation of the reserved
<br />rights held by the United States in trust for the Ute Mountain Ute and Southern
<br />Ute Tribes, individual Indians owning trust allotments on the Southern Ute
<br />
<br />4
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