WSP02223

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 3/21/1997
• Title: Agenda Item 20 Animas-La Plata Project
• Water Supply Pro - Doc Type: Board Memo

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The Tribal claims encompassed the potential irrigation of some
93,000 acres, in over 25 stream systems. Most of these lands were
in the La Plata and Mancos River Basins, which were water-short and
over-appropriated, Success by the Tribes would totally eliminate
existing non-Indian irrigation, disrupting local economies and
creating hostility,

The 1986 Settlement Agreement
and Subsequent Legislation

In April 1985, many parties, public and private, convened
negotiations to address the issues raised by the Tribe's reserved
rights claims. The state of Colorado's negotiating position was
based on several principles:

vested property rights held by owners of state decreed
water rights would not be compromised;

existing economies should be protected;

existing uses should be protected by a "no injury"
standard;

reserved rights claims should be quantified by state
water court, not by Congress or in federal courts; and

the Tribes I legitimate needs, such as the lack of a
potable water supply for Towaoc, should be met.

After intense and complex negotiations, an agreement in principle
was reached that included a binding cost-sharing agreement for
construction of the Animas-La Plata Project. This Agreement was
titled the "Agreement in Principle Concerning the Colorado Ute
Indian Water Rights Settlement and Binding Agreement for Animas-La
Plata Project Cost Sharing." By signing the Agreement in
Principle, the Secretary of Interior certified that the non-federal
cost share contributions were reasonable, allowing for the federal
release of the first $1 million for construction of the Project.
In addition to the cost sharing elements of the Agreement, the
parties to the state water court litigation agreed to a set of
principles that established the parameters for settlement of the
reserved right claims,

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Reservation, and the Bureau of Indian Affairs, Subsequently, the application was
amended and eleven separate applications were filed, each amended application
asserting water rights associated with a specific river: W-1603-76 (Navajo
River); W-1603-76A (Blanco River); W-1603-76B (San Juan River); W-1603-76C
(Piedra River); W-1603-76D (Pine River); W-1603-76E (Florida River); W-1603-76F
'j (Animas River); W-1603-76G (Mancos River) ; W-1603-76H (Dolores River) ; W-1603-76I
/ (McElmo Creek); and W-1603-76J (La Plata River).

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