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Last modified
1/26/2010 12:46:51 PM
Creation date
10/11/2006 11:20:48 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.106
Description
Animas-La Plata
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
10/25/1991
Title
Final Biological Opinion - 1991
Water Supply Pro - Doc Type
Biological Opinion
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<br />r---m <br />1 <br /> <br />2 <br /> <br />III. AUTHORITIES AND RESPONSIBILITIES <br /> <br />A. Trust Responsibilities <br /> <br />The reservations of four federally recognized Indian tribes are located <br />within the Basin. The four tribes have reserved water rights under <br />Federal law, most of which have not been quantified, to provide water to <br />the reservations for use as permanent homelands. The Secretary has a <br />trust responsibility to assert and protect the trust water resources of <br />the tribes. <br /> <br />With regard to three of the four tribes, there currently are specific <br />Federal plans for the partial development of tribal water resources. <br />Under the Act of June 13, 1962, 76 Stat. 96, Congress authorized, among <br />other things, the construction of the Navajo Indian Irrigation Project <br />(NIIP) to benefit the Navajo Nation. Based on congressional actions, <br />six of the NIIP's 11 blocks have been fully constructed and Congress has <br />consistently provided annual appropriations for NIIP's completion. <br /> <br />On June 30, 1986, the Under Secretary of the Interior signed an <br />agreement which established the principles for settlement of the <br />reserved water right claims of the Southern Utes and Ute Mountain Utes <br />and the financial arrangements for the settlement and for the <br />construction of the ALP. The non federal cost sharing commitments <br />contained in the agreement were in satisfaction of the cost sharing <br />requirements of chapter IV of Public Law 99-88, 99 Stat. 293, 319-320. <br />This agreement provided the basis for the Colorado Ute Indian Water <br />Rights Final Settlement Agreement, dated December 10, 1986 (Settlement <br />Agreement), which contemplates delivery of the tribes' full water supply <br />from the ALP by the year 2000. The Settlement Agreement was endorsed by <br />Congress in the Colorado Ute Indian Water Rights Settlement Act of 19B8, <br />102 Stat. 2973, (Settlement Act) and initial appropriations have been <br />made by Congress. <br /> <br />The Jicaril1a Apache Tribe and the United States have been engaged in <br />lengthy litigation to establish the quantities of water to which the <br />tribe is entitled. Recently, in accordance with Federal policy, the <br />tribe has participated in extensive negotiations to resolve the issues <br />surrounding the full extent of its water rights. The Department of the <br />Interior (Department) has been a key participant in those discussions <br />which have focused on providing the tribe with a water supply from the <br />Basin. <br /> <br />The Department intends to use its authority to the fullest extent <br />possible to preserve and protect the water resources of the tribes in <br />the Basin. A goal of the Program is to conserve the listed fish in the <br />Basin while meeting the Department's trust responsibilities to the <br />tribes. <br />
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