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Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0916.01 EBD

STATE OF COLORADO




BY REPRESENTATIVES Dyer, K. Alexander, G. Berry, Entz, George, Miller, Smith, Sullivant, and Taylor;

also SENATOR Alexander.

AGR., LIVESTOCK & NATURAL RESOURCES

HOUSE JOINT RESOLUTION 98-1031


WHEREAS, Colorado negotiated the Colorado Ute Indian Water Rights Settlement of 1986, which served to resolve all of the reserved water rights claims of the two Colorado Ute Indian Tribes in a way that produced comity, cooperation, and harmony in the allocation of the rivers of Colorado's southwest; and

WHEREAS, A feature of that settlement was the agreement by the State of Colorado, the citizens of Southwestern Colorado, and the two Colorado Ute Indian Tribes that the construction of the Animas­La Plata Project and the allocation of a portion of the water supply from that project to the two tribes would be a part of the resolution of the Colorado Ute Indian reserve water right claims, and in particular those claims associated with the Animas and the La Plata Rivers; and

WHEREAS, Senator Ben Nighthorse Campbell has long been a champion of the Colorado Ute Indian Water Rights Settlement and the construction of the Animas­La Plata Project; and

WHEREAS, The State of Colorado entered into an agreement in principle concerning the Colorado Ute Indian Water Rights Settlement and Binding Agreement for the Animas­La Plata Project Cost Sharing, the other parties to that agreement being the Colorado Water Resources and Power Development Authority, the Animas­La Plata Water Conservancy District, the New Mexico Interstate Stream Commission, Montezuma County, Colorado, the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, the San Juan Water Commission, and the United States Secretary of the Interior; and

WHEREAS, The agreement provides for the construction of the facilities of the Animas­La Plata Project "or mutually acceptable alternatives" in Phases I and II, for cost sharing of the construction costs of the identified Phase I facilities, and for non­federal financing of the identified Phase II facilities; and

WHEREAS, On December 10, 1986, the State of Colorado, the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, the San Juan Water Commission, and the United States Department of the Interior, the United States Department of Justice, the Animas­La Plata Water Conservancy District, the Dolores Water Conservancy District, the Mancos Water Conservancy District, the Southwestern Water Conservation District, the city of Durango, Colorado, the town of Pagosa Springs, Colorado, the Florida Farmers Ditch Company, the Florida Canal Company, and Fairfield Communities, Inc., entered into the Colorado Ute Indian Water Rights Final Settlement Agreement; and

WHEREAS, The Congress of the United States adopted and ratified the Colorado Ute Indian Water Rights Settlement by passage of the Colorado Ute Indian Water Rights Settlement Act of 1986; and

WHEREAS, On November 10, 1989, the Colorado Water Resources and Power Development Authority entered into an escrow agreement with the United States Department of the Interior, and the Treasurer of the State of Colorado, pursuant to which certain funds of the Authority were deposited into the Animas­La Plata escrow account with the Treasurer of the State of Colorado for disbursement of up to forty­two million four hundred thousand dollars to the United States to defray a portion of the construction costs of certain Phase I facilities of the Animas­La Plata Project; and

WHEREAS, The escrow agreement provides that upon the occurrence of certain events the authority may order cessation of the disbursements from the escrow account, and in addition, that the escrow agreement will terminate on the occurrence or non­occurrence of certain events; and

WHEREAS, The State of Colorado, acting through the General Assembly, the Colorado Water Resource and Power Development Authority, the Colorado Water Conservation Board, and other state agencies, has fulfilled all of the responsibilities incumbent upon the State of Colorado and arising from the Colorado Ute Indian Water Rights Settlement and the Colorado Ute Indian Water Rights Settlement Act, including participation in the construction of the Dolores Project with irrigation water being delivered to the Ute Mountain Ute Indian Tribe on its reservation, funding the construction of a pipeline to deliver potable water to the town of Towaoc, the successful adoption of water court decrees recognizing the Indian reserved water rights on various tributaries of the San Juan River, and finally the appropriation of funds to defray the construction costs of the Animas­La Plata Project; and

WHEREAS, The State of Colorado, acting through the offices of Governor Roy Romer and Lieutenant Governor Gail Schoettler, has sponsored a series of meetings in an effort to resolve objections to the construction of the Animas­La Plata Project or to seek compromise solutions that meet the purposes of the Animas­La Plata Project in order to allow the fulfillment of the provisions of the Colorado Ute Indian Water Rights Settlement and to reach a consensus that would allow the Animas­La Plata Project construction to proceed; and

WHEREAS, The process convened by Governor Romer and Lieutenant Governor Schoettler produced two proposals to satisfy the Colorado Ute Indian Water Rights Settlement and the goal of the Animas­La Plata Project; and

WHEREAS, The proposal from persons and entities opposing the construction of the Animas­La Plata Project called for a cash settlement fund for the tribes in lieu of the construction of the Animas­La Plata Project, a proposal firmly rejected by both tribes; and

WHEREAS, The second proposal from the Colorado Ute Indian Tribes, the Animas­La Plata Water Conservancy Board of Directors, the Southwestern Water Conservation District, the San Juan Water Commission of New Mexico, and the La Plata Conservancy District of New Mexico proposed to construct a modified and downsized Animas­La Plata Project to settle the tribal rights; and

WHEREAS, Ultimately, Governor Romer and Lieutenant Governor Schoettler endorsed the proposal of the Animas­La Plata Project proponents and joined in rejecting the cash buy­out; and

WHEREAS, The discussion and negotiations among the parties concerned in the development and construction of the Animas­La Plata Project have resulted in the development of a proposal to reconfigure the project by eliminating or delaying the construction of certain facilities; and

WHEREAS, The proposal to modify the project in order to settle the tribal claims contemplates reduction of Colorado's cost­sharing obligation from the Animas­La Plata Project to sixteen million dollars, with the remaining principal of twenty­six million, four hundred thousand dollars currently in the Animas­La Plata escrow account and committed

for cost­sharing on construction of the Project to be held in escrow and not disbursed pending possible future construction of the remaining facilities of the Animas­La Plata Project; and

WHEREAS, The proposal to construct the modified Animas­La Plata Project drastically reduces the federal cost by over half and addresses the concerns for the environment previously expressed; and

WHEREAS, Any further consideration of a cash settlement fund, rejected by the tribes as an alternative to settle the tribal water rights claims, fails to comply with the obligations of the federal government to Colorado; and

WHEREAS, The proposal to construct the modified Animas­La Plata Project to settle tribal claims contemplates the construction of the Ridges Basin Reservoir and the pumping plant and pipeline from the Animas River with the water stored in the reservoir to be used to satisfy the claims of the tribes, and for municipal and industrial purposes without the construction of a transmission facility into the La Plata River drainage or any of the irrigation facilities that had been contemplated for the project; and

WHEREAS, The United States Fish and Wildlife Service has completed its section seven consultation on the project and has authorized the construction of the facilities that are included in the modified Animas­La Plata proposal, together with an entitlement to make an annual 57,100 acre­foot water depletion to the San Juan River system; and

WHEREAS, The project participants have agreed on an allocation of the authorized depletions among themselves and the necessity of constructing the authorized facilities; and

WHEREAS, The United States Bureau of Reclamation has completed a supplemental impact statement at a cost of more than ten million dollars, which evaluated the impacts of constructing the authorized facilities; and

WHEREAS, All environmental laws and regulations of the State of Colorado, the State of New Mexico, and the United States have been addressed; and

WHEREAS, it is necessary to amend the Colorado Ute Indian Water Rights Settlement Act of 1986 to reflect the compromise settlement agreed to by the tribes to secure construction of a modified Animas­La Plata Project; and

WHEREAS, the Colorado Water Conservation Board and the Colorado Water Resources and Power Development Authority have continued to support the construction of the Animas­La Plata Project; and

WHEREAS, the General Assembly wishes to lend its continued support to the construction of the Animas­La Plata Project, and in particular to the full compliance by the United States with the terms of the Colorado Ute Indian Water Rights Settlements; now, therefore,

Be it resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  The General Assembly endorses the modified Animas­La Plata Project proposed by the two Colorado Ute Tribes and their non­Indian neighbors;

(2)  The General Assembly commends United States Senator Ben Nighthorse Campbell for his leadership in promoting the Animas­La Plata Project and the Colorado Ute Indian Water Rights Settlement and for his continuing efforts to obtain a compromise acceptable to the two Ute Tribes and their neighbors;

(3)  The General Assembly expresses its support for Governor Romer and Lieutenant Governor Schoettler in their efforts to support and promote this compromise resolution between the two Colorado Ute Tribes and the project proponents;

(4)  The General Assembly expresses its appreciation to the Colorado Ute Tribes for their continued efforts to work with the water users in Southwestern Colorado to ensure that the tribal rights are resolved in a way that avoids taking water from other water users and recognizes that all of the water users in the area must work together to ensure reliable water supplies for all residents of the area;

(5)  The General Assembly expresses its appreciation to the water users in Southwestern Colorado for their support for this resolution of the Indian reserved rights claims, and the General Assembly commends the non­Indian project supporters in achieving a settlement acceptable to the Colorado Ute Indian Tribes;

(6)  The General Assembly expresses its appreciation to the water users in the State of New Mexico and New Mexico's officials and congressional delegation for their support of the negotiations leading to the modified Animas­La Plata Project; and

(7)  The General Assembly urges all members of the Colorado congressional delegation to join Senator Campbell and unanimously endorse the legislative changes necessary to effectuate the modified Animas­La Plata Project and to effectuate the Colorado Ute Indian Water Rights Settlement.

Be it further resolved, That copies of this resolution be sent to each member of the Colorado congressional delegation, the United States Secretary of the Interior, the Administrator of the federal Environmental Protection Agency, each member of the New Mexico congressional delegation, the appropriate officials in each of the Colorado River basin states, the Chairman of the Navajo Nation, the Director of the Native American Rights fund, the Speaker of the United States House of Representatives, and the President of the United States Senate.


Created: 4/14/98 Updated: 4/14/98