II

105TH CONGRESS

2D SESSION S. 1771

To amend the Colorado Ute Indian Water Rights Settlement Act to provide

for a final settlement of the claims of the Colorado Ute Indian Tribes,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Colorado Ute Indian Water Rights Settlement

Act to provide for a final settlement of the claims of

the Colorado Ute Indian Tribes, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; FINDINGS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Colorado Ute Settlement Act Amendments of 1998’’.

6 (b) FINDINGS.—Congress finds that in order to pro7 vide for a full and final settlement of the claims of the

8 Colorado Ute Indian Tribes, the Tribes have agreed to re9 duced water supply facilities.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) AGREEMENT.—The term ‘‘Agreement’’ has

4 the meaning given that term in section 3(1) of the

5 Colorado Ute Indian Water Rights Settlement Act of

6 1988 (Public Law 100–585).

7 (2) ANIMAS-LA PLATA PROJECT.—The term

8 ‘‘Animas-La Plata Project’’ has the meaning given

9 that term in section 3(2) of the Colorado Ute Indian

10 Water Rights Settlement Act of 1988 (Public Law

11 100–585).

12 (3) DOLORES PROJECT.—The term ‘‘Dolores

13 Project’’ has the meaning given that term in section

14 3(3) of the Colorado Ute Indian Water Rights Set15 tlement Act of 1988 (Public Law 100–585).

16 (4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or

17 ‘‘Tribes’’ has the meaning given that term in section

18 3(6) of the Colorado Ute Indian Water Rights Set19 tlement Act of 1988 (Public Law 100–585).

20 SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN

21 WATER RIGHTS SETTLEMENT ACT OF 1988.

22 (a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

23 WATER.—Section 6(a) of the Colorado Ute Indian Water

24 Rights Settlement Act of 1988 (Public Law 100–585) is

25 amended to read as follows:
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1 ‘‘(a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

2 WATER.—

3 ‘‘(1) IN GENERAL.—After the date of enact4 ment of the Colorado Ute Settlement Act Amend5 ments of 1998, the Secretary shall provide—

6 ‘‘(A) for the construction, as components

7 of the Animas-La Plata Project, of—

8 ‘‘(i) a reservoir with a storage capac9 ity of 260,000 acre-feet; and

10 ‘‘(ii) a pumping plant and a reservoir

11 inlet conduit; and

12 ‘‘(B) through the use of the project compo13 nents referred to in subparagraph (A), munici14 pal and industrial water allocations in such

15 manner as to result in allocations—

16 ‘‘(i) to the Southern Ute Tribe, with

17 an average annual depletion of an amount

18 not to exceed 16,525 acre-feet of water;

19 ‘‘(ii) to the Ute Mountain Ute Indian

20 Tribe, with an average annual depletion of

21 an amount not to exceed 16,525 acre-feet

22 of water;

23 ‘‘(iii) to the Navajo Nation, with an

24 average annual depletion of an amount not

25 to exceed 2,340 acre-feet of water;
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1 ‘‘(iv) to the San Juan Water Commis2 sion, with an average annual depletion of

3 an amount not to exceed 10,400 acre-feet

4 of water; and

5 ‘‘(v) to the Animas-La Plata Conser6 vancy District, with an average annual de7 pletion of an amount not to exceed 2,600

8 acre-feet of water.

9 ‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc10 tion costs allocable to the Navajo Nation and to each

11 Tribe’s municipal and industrial water allocation

12 from the Animas-La Plata Project shall be non13 reimbursable.

14 ‘‘(3) NONTRIBAL WATER CAPITAL OBLIGA15 TIONS.—The nontribal municipal and industrial

16 water capital repayment obligations for the Animas17 La Plata Project shall be satisfied, upon the pay18 ment in full—

19 ‘‘(A) by the San Juan Water Commission,

20 of an amount equal to $8,600,000;

21 ‘‘(B) by the Animas-La Plata Water Con22 servancy District, of an amount equal to

23 $4,400,000; and

24 ‘‘(C) by the State of Colorado, of an

25 amount equal to $16,000,000, as a portion of
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1 the cost-sharing obligation of the State of Colo2 rado recognized in the Agreement in Principle

3 Concerning the Colorado Ute Indian Water

4 Rights Settlement and Animas-La Plata Cost

5 Sharing that the State of Colorado entered into

6 on June 30, 1986.

7 ‘‘(4) CERTAIN NONREIMBURSABLE COSTS.—

8 Any cost of a component of the Animas-La Plata

9 Project described in paragraph (1) that is attributed

10 to and required for recreation, environmental com11 pliance and mitigation, the protection of cultural re12 sources, or fish and wildlife mitigation and enhance13 ment shall be nonreimbursable.

14 ‘‘(5) TRIBAL WATER ALLOCATIONS.—

15 ‘‘(A) IN GENERAL.—With respect to mu16 nicipal and industrial water allocated to a Tribe

17 from the Animas-La Plata Project or the Dolo18 res Project, until that water is first used by a

19 Tribe or pursuant to a water use contract with

20 the Tribe, the Secretary shall pay the annual

21 operation, maintenance, and replacement costs

22 allocable to that municipal and industrial water

23 allocation of the Tribe.

24 ‘‘(B) TREATMENT OF COSTS.—A Tribe

25 shall not be required to reimburse the Secretary
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1 for the payment of any cost referred to in sub2 paragraph (A).

3 ‘‘(6) REPAYMENT OF PRO RATA SHARE.—As an

4 increment of a municipal and industrial water alloca5 tion of a Tribe described in paragraph (5) is first

6 used by a Tribe or is first used pursuant to the

7 terms of a water use contract with the Tribe—

8 ‘‘(A) repayment of that increment’s pro

9 rata share of those allocable construction costs

10 for the Dolores Project shall commence by the

11 Tribe; and

12 ‘‘(B) the Tribe shall commence bearing

13 that increment’s pro rata share of the allocable

14 annual operation, maintenance, and replace15 ment costs referred to in paragraph (5)(A).’’.

16 (b) REMAINING WATER SUPPLIES.—Section 6(b) of

17 the Colorado Ute Indian Water Rights Settlement Act of

18 1988 (Public Law 100–585) is amended by adding at the

19 end the following:

20 ‘‘(3) At the request of the Animas-La Plata

21 Water Conservancy District of Colorado or the La

22 Plata Conservancy District of New Mexico, the Sec23 retary shall take such action as may be necessary to

24 provide, after the date of enactment of the Colorado
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1 Ute Settlement Act Amendments of 1998, water al2 locations—

3 ‘‘(A) to the Animas-La Plata Water Con4 servancy District of Colorado, with an average

5 annual depletion of an amount not to exceed

6 5,230 acre-feet of water; and

7 ‘‘(B) to the La Plata Conservancy District

8 of New Mexico, with an average annual deple9 tion of an amount not to exceed 780 acre-feet

10 of water.

11 ‘‘(4) If depletions of water in addition to the

12 depletions otherwise permitted under this subsection

13 may be made in a manner consistent with the re14 quirements of the Endangered Species Act of 1973

15 (16 U.S.C. 1531 et seq.), the Secretary shall provide

16 for those depletions by making allocations among the

17 beneficiaries of the Animas-La Plata Project in ac18 cordance with an agreement among the beneficiaries

19 relating to those allocations.’’.

20 (c) MISCELLANEOUS.—Section 6 of the Colorado Ute

21 Indian Water Rights Settlement Act of 1988 (Public Law

22 100–585) is amended by adding at the end the following:

23 ‘‘(i) TRANSFER OF WATER RIGHTS.—Upon request

24 of the State Engineer of the State of New Mexico, the

25 Secretary shall, in a manner consistent with applicable
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1 State law, transfer, without consideration, to the New

2 Mexico Animas-La Plata Project beneficiaries or the New

3 Mexico Interstate Stream Commission all of the interests

4 in water rights of the Department of the Interior under

5 New Mexico Engineer permit number 2883, Book M–2,

6 dated May 1, 1956, in order to fulfill the New Mexico pur7 poses of the Animas-La Plata Project.

8 ‘‘(j) TREATMENT OF CERTAIN REPORTS.—

9 ‘‘(1) IN GENERAL.—The April 1996 Final Sup10 plement to the Final Environmental Impact State11 ment, Animas-La Plata Project issued by the De12 partment of the Interior and all documents incor13 porated therein and attachments thereto, and the

14 February 19, 1996, Final Biological Opinion of the

15 United States Fish and Wildlife Service, Animas-La

16 Plata Project shall be considered to be adequate to

17 satisfy any applicable requirement under the Endan18 gered Species Act of 1973 (16 U.S.C. 1531 et seq.),

19 the National Environmental Policy Act of 1969 (42

20 U.S.C. 4321 et seq.) or the Federal Water Pollution

21 Control Act (33 U.S.C. 1251 et seq.) with respect

22 to—

23 ‘‘(A) the amendments made to this section

24 by the Colorado Ute Settlement Act Amend25 ments of 1998;
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1 ‘‘(B) the initiation of, and completion of

2 construction of the facilities described in this

3 section; and

4 ‘‘(C) an aggregate depletion of 57,100

5 acre-feet of water (or any portion thereof) as

6 described and approved in that biological opin7 ion.

8 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

9 this subsection shall affect—

10 ‘‘(A) the construction of facilities that are

11 not described in this section; or

12 ‘‘(B) any use of water that is not described

13 and approved by the Director of the United

14 States Fish and Wildlife Service in the final bi15 ological opinion described in paragraph (1).

16 ‘‘(k) FINAL SETTLEMENT.—

17 ‘‘(1) IN GENERAL.—The provision of water to

18 the Tribes in accordance with this section shall con19 stitute final settlement of the tribal claims to water

20 rights on the Animas and La Plata Rivers.

21 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

22 this section may be construed to affect the right of

23 the Tribes to water rights on the streams and rivers

24 described in the Agreement, other than the Animas

25 and La Plata Rivers, to participate in the Animas-
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1 La Plata Project, to receive the amounts of water

2 dedicated to tribal use under the Agreement, or to

3 acquire water rights under the laws of the State of

4 Colorado.

5 ‘‘(3) ACTION BY THE ATTORNEY GENERAL.—

6 The Attorney General of the United States shall file

7 with the District Court, Water Division Number 7,

8 of the State of Colorado such instruments as may be

9 necessary to request the court to amend the final

10 consent decree to provide for the amendments made

11 to this section under section 2 of the Colorado Ute

12 Settlement Act Amendments of 1998.’’.

13 SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CER14 TAIN FUNDS.

15 (a) IN GENERAL.—Nothing in the amendments made

16 by this Act to section 6 of the Colorado Ute Indian Water

17 Rights Settlement Act of 1988 (Public Law 100–585)

18 shall affect—

19 (1) the applicability of any other provision of

20 that Act;

21 (2) the obligation of the Secretary of the Inte22 rior to deliver water from the Dolores Project and

23 to complete the construction of the facilities located

24 on the Ute Mountain Ute Indian Reservation de25 scribed in—
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1 (A) the Department of the Interior and

2 Related Agencies Appropriations Act, 1991

3 (Public Law 101–512);

4 (B) the Department of the Interior and

5 Related Agencies Appropriations Act, 1992

6 (Public Law 102–154);

7 (C) the Department of the Interior and

8 Related Agencies Appropriations Act, 1993

9 (Public Law 102–381);

10 (D) the Department of the Interior and

11 Related Agencies Appropriations Act, 1994

12 (Public Law 103–138); and

13 (E) the Department of the Interior and

14 Related Agencies Appropriations Act, 1995

15 (Public Law 103–332); or

16 (3) the treatment of the uncommitted portion of

17 the cost-sharing obligation of the State of Colorado

18 referred to in subsection (b).

19 (b) TREATMENT OF UNCOMMITTED PORTION OF

20 COST-SHARING OBLIGATION.—The uncommitted portion

21 of the cost-sharing obligation of the State of Colorado re22 ferred to in section 6(a)(3) of the Colorado Ute Indian

23 Water Rights Settlement Act of 1988 (Public Law 100–

24 585), as added by section 3 of this Act, remains available

25 after the date of payment of the amount specified in that
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1 section and may be used to assist in the funding of any

2 component of the Animas-La Plata Project that is not de3 scribed in such section 6(a)(3).

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