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<br />HOW IT COULD WORK <br /> <br />The 1986 Colorado Ute Indian Settlement A2:reement should remain <br />intact and be amended only to allow its purposes to be fulfilled by other <br />means, Using the established quantification's of Ute water rights set <br />forth in the Settlement Agreement will help avoid further litigation, <br />congressional delay and unnecessary complexity. <br /> <br />The outstanding water obligation to the two Tribes can be easily <br />determined using the Settlement Agreement as a baseline. For example, <br />the outstanding obligation to the Southern Utes under the Settlement <br />Agreement is 26,000 acre feet of municipal and industrial (M & I) <br />water, and 3000 acre feet of irrigation water. <br /> <br />Conceptually, water rights acquired by the fund will substitute for <br />"federal Indian reserve water rights" that date back to the establishment <br />of the Ute reservations. Water rights acquired by. purchase under state <br />law are not the same as "federal Indian reserve water rights." For <br />example, western state "use it or loose it" water laws do not apply to <br />Indian reserve water rights. <br /> <br />An agreement will be needed that protects water rights acquired by the <br />fund, in the same way that Indian reserve water rights are protected <br />generally. The Utes may wish to let some of their water run down the <br />river for cultural reasons and/or downstream economic opportunities. <br />They should have this option -- it is their right. The feasibility study we <br />are requesting needS to explore how this can be done. If the fund is <br />targeted to buying the most senior water rights, and legal and political <br />support is forthcoming from Colorado and the federal government, the <br />objective of obtaining water rights that are substantially equivalent to <br />Indian reserve water right should be achievable. <br /> <br />3 <br />