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

would curtail diversions by the city. As described later, the effect of increasing the call on

the city's rights has been incorporated into the sizing of an alternative storage reservoir for

the city of Durango.

As illustrated above, identifying potential impacts on the Animas and La Plata Rivers raises
serious questions about the potential impacts on New Mexico. The Tribes' claims were filed
in Colorado District Court for water rights to serve Reservation lands within the state of
Colorado. With the exception of a relatively small portion of the Ute Mountain Ute Indian
Reservation located in New Mexico, the Reservation lands are located in the state of
Colorado. Therefore, an argument could be made that the state of Colorado should bear the
burden of the Tribes' claims and that New Mexico's allocation of water under the Upper
Colorado River Basin Compact should not be affected. However, there is a question under
equitable and apportionate principles New Mexico could possibly be impacted by the Tribes'
claims. This could happen if a conflict would arise after the Tribes were granted the water
rights and New Mexico placed. a call on the Animas River. Potentially such a call could
result in a determination of equitable apportionment by the Upper Colorado River
Commission considering the states' overall allocations, contributions of other streams for
meeting New Mexico's allocation, pre- and post-compact uses, and interstate priority dates.
Such a determination could require New Mexico to share in curtailments.

There is also some concern that the United States could assign the 30,800 acre-feet of water
for the San Juan Water Commission to the Tribes if ALP is not constructed and the
Settlement Agreement is canceled. This possibility occurs because the United States through
Reclamation holds the water rights in the state of New Mexico for the 30,800 acre-feet, and
the United States is the Trustee on behalf of the Tribes.

For the purpose of this analysis, a conservative measure of the potential impact of the failure
to construct ALP and the resulting revocation of the portion of the Settlement Agreement
pertaining to the Animas and La Plata Rivers is the displacement of 10,000 acres of presently
irrigated non-Indian lands. The maximum potential loss of presently irrigated non-Indian
lands appears to be on the order of 31,500 acres.

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