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Last modified
7/29/2009 10:27:46 PM
Creation date
10/12/2006 12:41:20 AM
Metadata
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Template:
Water Supply Protection
File Number
8067
Description
Section D General Federal Issues/Policies-Section 7 Consultations
Date
7/14/1976
Author
Frank E Maynes
Title
Federal Water Rights 1973-83-A General Discussion of the Federal Reserved Rights Doctrine
Water Supply Pro - Doc Type
Report/Study
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<br />, . . <br /> <br />" <br /> <br />O(J~(J !l4 <br /> <br />. <br /> <br />. <br /> <br />coal reserves of an estimated 400 million tons. Implicit in the Winters <br /> <br />case is the policy that as much water was reserved at the time of creating <br /> <br />the reservation as was required to make the reservation a viable place <br /> <br />to live. Surely included within this would be water sufficient to <br /> <br />develop natural resources. <br /> <br />Several alternatives to court determination of Indian water rights <br /> <br />are being utilized or scrutinized by the Indians. First on given projects <br /> <br />the Indians have agreed to certain water allocations which are not <br /> <br />necessarily reflective of their claimed reserved rights. For example, <br /> <br />the Navajo Indian Irrigation Project, which was recently completed, was <br /> <br />developed in exchange for Navajo water rights along the San Juan. The <br /> <br />Southern Ute Indian Tribe receives 17,000 acre feet a year from the Pine <br /> <br />River Project. The Ute Mountain Utes and Southern Utes have agreed to <br /> <br />specified water allocations under the proposed Animas-La Plata Project. <br /> <br />This prior agreement on water allocations makes this an appealing project, <br /> <br />because it demonstrates cooperation among the Indian and non-Indian <br /> <br />people who inhabit the project area. Under the present agreement the <br /> <br />Southern Ute Tribe would receive 26,500 acre feet for municipal and <br /> <br /> <br />industrial use (the bulk of which would be applied to coal mining) and <br /> <br /> <br />4,000 for irrigation, and the Ute Mountain Utes would receive 6,000 acre <br /> <br /> <br />feet for municipal and industrial use and 21,000 acre feet for irrigation. <br /> <br />A second alternative to court action is legislative determination, <br /> <br />of Indian water claims_ There is a bill pending before Congress entitled <br /> <br />the "Central Arizona Water Resources Act of 1976" introduced by Lee <br /> <br />Metcalf, United States Senator from Montana, which would authorize and <br /> <br />-5- <br />
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