Laserfiche WebLink
<br />O1l2035 <br /> <br />. <br /> <br />. <br /> <br />direct the Secretary of the Interior to acquire~ by purchase or by <br /> <br />eminent domain at fair market value, non-Indian lands with surface water <br /> <br />rights and transfer these rights to the five central Arizona tribes in <br /> <br />satisfaction of present and future water rights. <br /> <br />Third, the report of the National Water Commission has recommended <br /> <br />that present water supplies be augmented by alternative sources. There <br /> <br />is a moratorium on such augmentation procedures until 1978, but it is <br /> <br />anticipated that water augmentation would be a viable alternative to <br /> <br />continued conflicts between adjudicated states rights and those of <br /> <br />federal enclaves and the private rights of Indians. <br /> <br />Lawsuits have also been filed to determine the water rights of the <br /> <br />United States Government in federal~.enclaves. The United States Supreme <br /> <br />Court in United States ~ District Court In and for the County of Ea~le, <br /> <br />interpreted McCarren Amendment as Congressional consent of the United <br /> <br />States to be joined in general water adjudications in state courta. <br /> <br />After the decision of United States Supreme Court in the Eagle <br /> <br />County case of 1971, the United States filed in the state court extensive <br /> <br />...claims for water in Water Divisions 4, 5 and 6 in the State of Colorado. <br /> <br />The quantity and quality and uses of water claimed by the United States <br /> <br />were of great magnitude. In many instances the claims conflicted with <br /> <br />historic state concepts of water utilization. For example, a water right <br /> <br />claimed for asthetic purposes on a stream running through the National <br /> <br />Forest or for wildlife usage does not exactly fit historic water utilization <br /> <br />concepts within the State of Colorado. Because of the complexity of the <br /> <br />claims, a Master Referee was appointed to hear all claims in the three <br /> <br />-6- <br />