WSP02305

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 12/1/1994
• Author: Bookman-Edmonston
• Title: Economic Impact Study - Animas-La Plata and Colorado Ute Water Rights Settlement Act
• Water Supply Pro - Doc Type: Report/Study

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REGIONAL ECONOMY WITHOUT PROJECT

COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT AGREEMENT

As discussed in the Background Section, the United States, on behalf of the Ute Mountain
Ute and Southern Ute Indian Tribes, filed claims in December 1976 in District Court for
Water Division No.7 in Colorado to confirm the Tribes' reserved water rights under the
Winters Doctrine. The application for the water rights did not quantify the Tribes' rights
but rather claimed sufficient water for purposes of the Reservations, including agricultural,
municipal, industrial, recreational, and other uses. To quantify the claim and to avoid long
and costly litigation, the principal parties, including the United States, the two Tribes, the
State of Col<;>rado, and non-Indian water users, entered into negotiated settlement
proceedings.

As part of the negotiations for the Settlement Agreement, the Colorado Division Engineer
for Water Division No.7 estimated the magnitude of the Indian water rights claims in terms
of potential irrigable and presently irrigated acreage as shown in Table 3.11. The total
potential Indian irrigable acreage for both Tribes and all streams was estimated as
approximately 93,000 acres. It should be noted in Table 3.1 that Indian irrigable acreage is
reported as potential rather than practicably irrigated acreage (PIA) that is commonly used
as the measure for quantifying Indian water rights claims. The total presently irrigated
acreage was estimated at about 15,000 acres. Assuming an average water delivery of 2 acre-
feet per acre, the quantities of water corresponding to the potential irrigable and presently
irrigated acreages are 186,000 and 30,000 acre-feet per year, respectively. As will be
discussed in more detail later, Table 3.1 also shows estimates of presently irrigated
non-Indian acreage and the potential loss of the non-Indian irrigated acreage if water rights
would have been granted for the full potential Indian irrigable acreage. It should also be
noted that the magnitude of the claims quantified in Table 3.1 is only in terms of irrigation
and ignores the claims for water for other purposes of the Reservations, which could include
municipal, industrial, fish and wildlife, recreation, and other uses.

1 Colorado Department of Water Resources, Summary of the Magnitude and Impact of Indian Water Rights
Clnims in Colorado, Undated Table Prepared by Division Engineer, Colorado Water Division No.7.

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