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776 4th Avenue Durango, Colorado December 3, 1979 !tl;"'r'';Jr---:, ',.., ' ,ir.:". .: '\,' ;""-',,.....1 f' '. ......... · "7f ;' DEe 06 1979 if I .-. ,I CULu", .-' ~ONS.fRVA'T''''''''i( 7~ . ION J3Q~fW 81301 Mr_ Fred E. Daubert Colorado Water Conservation Board 823 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Dear Mr_ Daubert: I am a member of a local association opposed to the Animas-La Plata water project and, as such, I am reviewing the comments on the draft EIS of the project. I was appalled in reading your memor- andum to Harris Sherman to see the following statement: "The tribes have indicated that they are much more interested in receiving "wet water" from the project than they would be in receiving "Paper water rights" with no facilities with which to put them to use. They have further indicated they would be willing to enter into an agreement whereby they would forego the use of their potentiaZ water rights in Zieu of receiving water from the project." Unless this statement reflects a recent and so far not-made- public position of either the Southern Ute or Ute Mtn. Ute Indian Tribes, it is not true, The last public statement of the Southern Ute Tribe on water rights claims appeared in the Feb. 25, 1979, Durango Herald special supplement on the project, a copy of which story I have enclosed, Mr. Bob Tyner, ex-manager of the Southwestern Water Conservation Board, said that at one time the board had a verbal agreement with the Utes that they would forego their claims if they got project water, but that the tribe sUbsequently rescinded their verbal agreement, The Ute Mountain Utes have not, to my know- ledge, made any statement of position ~ither one way or the other. The Ute Mountain Ute Tribe has a new tribal chairman, Judy Pinnecoose, so possibly they may be changing their position, but, if so, have not make any public statement indicating that they would forego their water claims either. If you wish to get accurate, up-to-date information about the tribes' positions and learn the current status of their water rights lawsuit, you should talk to Rick Collins at the Native American Rights Fund headquarters, which is in Boulder. NARF is handling the two Ute cases You should also know that the question of Indian water rights in the San Juan Basin is not restricted to the two Ute tribes, Attached is a copy of a three-page telegram from the Navajo Water Commission written in reaction to the draft EIS, Note in particular that they are laying claim to this water and that they have withdrawn their support of the Animas-La Plata project.