I
105TH CONGRESS
2D SESSION
H. R. 3478
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 HOUSE OF REPRESENTATIVES
MARCH 17, 1998
Mr. MCINNIS (for himself, Mr. REDMOND, Mr. HEFLEY, Mr. BOB SCHAFFER,
Mr. DAN SCHAEFER of Colorado, and Mr. SKEEN) introduced the follow-
ing bill; which was referred to the Committee on Resources
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Colorado Ute Settlement Act Amendments of 1998’’.
(b) FINDINGS.—Congress finds that in order to pro-
vide for a full and final settlement of the claims of the
Colorado Ute Indian Tribes, the Tribes have agreed to re-
duced water supply facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) AGREEMENT.—The term ‘‘Agreement’’ has
the meaning given that term in section 3(1) of the
Colorado Ute Indian Water Rights Settlement Act of
1988 (Public Law 100–585).
(2) ANIMAS-LA
PLATA
PROJECT.—The term
‘‘Animas-La Plata Project’’ has the meaning given
that term in section 3(2) of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law
100–585).
(3) DOLORES
PROJECT.—The term ‘‘Dolores
Project’’ has the meaning given that term in section
3(3) of the Colorado Ute Indian Water Rights Set-
tlement Act of 1988 (Public Law 100–585).
(4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or
‘‘Tribes’’ has the meaning given that term in section
3(6) of the Colorado Ute Indian Water Rights Set-
tlement Act of 1988 (Public Law 100–585).
SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN
WATER RIGHTS SETTLEMENT ACT OF 1988.
(a) 
RESERVOIR; 
MUNICIPAL
AND
INDUSTRIAL
WATER.—Section 6(a) of the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100–585) is
amended to read as follows:
‘‘(a) RESERVOIR; MUNICIPAL
AND
INDUSTRIAL
WATER.—
‘‘(1) IN GENERAL.—After the date of enact-
ment of the Colorado Ute Settlement Act Amend-
ments of 1998, the Secretary shall provide—
‘‘(A) for the construction, as components
of the Animas-La Plata Project, of—
‘‘(i) a reservoir with a storage capac-
ity of 260,000 acres-feet; and
‘‘(ii) a pumping plant and a reservoir
inlet conduit; and
‘‘(B) through the use of the project compo-
nents referred in subparagraph (A), municipal
and industrial water allocations in such manner
as to result in allocations—
‘‘(i) to the Southern Ute Tribe, with
an average annual depletion of an amount
not to exceed 16,525 acre-feet of water;
‘‘(ii) to the Ute Mountain Ute Indian
Tribe, with an average annual depletion of
an amount not to exceed 16,525 acre-feet
of water;
‘‘(iii) to the Navajo Nation, with an
average annual depletion of an amount not
to exceed 2,340 acre-feet of water;
‘‘(iv) to the San Juan Water Commis-
sion, with an average annual depletion of
an amount not to exceed 10,400 acre-feet
of water; and
‘‘(v) to the Animas-La Plata Conser-
vancy District, with an average annual de-
pletion of an amount not to exceed 2,600
acre-feet of water.
‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc-
tion costs allocable to the Navajo Nation and to each
Tribe’s municipal and industrial water allocation
from the Animas-La Plata Project shall be non-
reimbursable.
‘‘(3) NONTRIBAL
WATER
CAPITAL
OBLIGA-
TIONS.—The nontribal municipal and industrial
water capital repayment obligations for the Animas-
La Plata Project shall be satisfied, upon the pay-
ment in full—
‘‘(A) by the San Juan Water Commission,
of an amount equal to $8,600,000;
‘‘(B) by the Animas-La Plata Water Con-
servancy District, of an amount equal to
$4,400,000; and
‘‘(C) by the State of Colorado, of an
amount equal to $16,000,000, as a portion of
cost-sharing obligation of the State of Colorado
recognized in the Agreement in Principle Con-
cerning the Colorado Ute Indian Water Rights
Settlement and Animas-La Plata Cost Sharing
that the State of Colorado entered into on June
30, 1986.
‘‘(4) CERTAIN
NONREIMBURSABLE
COSTS.—
Any cost of a component of the Animas-La Plata
Project described in paragraph (1) that is attributed
to and required for recreation, environmental com-
pliance and mitigation, the protection of cultural re-
sources, or fish and wildlife mitigation and enhance-
ment shall be nonreimbursable.
‘‘(5) TRIBAL WATER ALLOCATIONS.—
‘‘(A) IN GENERAL.—With respect to mu-
nicipal and industrial water allocated to a Tribe
from the Animas-La Plata Project or the Dolo-
res Project, until that water is first used by a
Tribe or pursuant to a water use contract with
the Tribe, the Secretary shall pay the annual
operation, maintenance, and replacement costs
allocable to that municipal and industrial water
allocation of the Tribe.
‘‘(B) TREATMENT
OF
COSTS.—A Tribe
shall not be required to reimburse the Secretary
for the payment of any cost referred to in sub-
paragraph (A).
‘‘(6) REPAYMENT OF PRO RATA SHARE.—As an
increment of a municipal and industrial water alloca-
tion of a Tribe described in paragraph (5) is first
used by a Tribe or is first used pursuant to the
terms of a water use contract with the Tribe—
‘‘(A) repayment of that increment’s pro
rata share of those allocable construction costs
for the Dolores Project shall commence by the
Tribe; and
‘‘(B) the Tribe shall commence bearing
that increment’s pro rata share of the allocable
annual operation, maintenance, and replace-
ment costs referred to in paragraph (5)(A).’’.
(b) REMAINING WATER SUPPLIES.—Section 6(b) of
the Colorado Ute Indian Water Rights Settlement Act of
1988 (Public Law 100–585) is amended by adding at the
end the following:
‘‘(3) At the request of the Animas-La Plata
Water Conservancy District of Colorado or the La
Plata Conservancy District of New Mexico, the Sec-
retary shall take such action as may be necessary to
provide, after the date of enactment of the Colorado
Ute Settlement Act Amendments of 1998, water al-
locations—
‘‘(A) to the Animas-La Plata Water Con-
servancy District of Colorado, with an average
annual depletion of an amount not to exceed
5,230 acre-feet of water; and
‘‘(B) to the La Plata Conservancy District
of New Mexico, with an average annual deple-
tion of an amount not to exceed 780 acre-feet
of water.
‘‘(4) If depletions of water in addition to the
depletions otherwise permitted under this subsection
may be made in a manner consistent with the re-
quirements of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the Secretary shall provide
for those depletions by making allocations among the
beneficiaries of the Animas-La Plata Project in ac-
cordance with an agreement among the beneficiaries
relating to those allocations.’’.
(c) MISCELLANEOUS.—Section 6 of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law
100–585) is amended by adding at the end the following:
‘‘(i) TRANSFER OF WATER RIGHTS.—Upon request
of the State Engineer of the State of New Mexico, the
Secretary shall, in a manner consistent with applicable
State law, transfer, without consideration, to the New
Mexico Animas-La Plata Project beneficiaries or the New
Mexico Interstate Stream Commission any portion of the
interests in water rights of the Department of the Interior
under New Mexico Engineer permit number 2883, dated
May 1, 1956, in order to fulfill the New Mexico purposes
of the Animas La-Plata Project.
‘‘(j) TREATMENT OF CERTAIN REPORTS.—
‘‘(1) IN GENERAL.—The April 1996 Final Sup-
plement to the Final Environmental Impact State-
ment, Animas-La Plata Project issued by the De-
partment of the Interior and all documents incor-
porated therein and attachments thereto, and the
February 19, 1996, Final Biological Opinion of the
United States Fish and Wildlife Service, Animas-La
Plata Project shall be considered to be adequate to
satisfy any applicable requirement under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.),
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) with respect
to—
‘‘(A) the amendments made to this section
by the Colorado Ute Indian Water Rights Set-
tlement Act Amendments of 1998;
‘‘(B) the initiation of, and completion of
construction of the facilities described in this
section; and
‘‘(C) an aggregate depletion of 57,100
acre-feet of water (or any portion thereof) as
described and approved in that biological opin-
ion.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in
this subsection shall affect—
‘‘(A) the construction of facilities that are
not described in this section; or
‘‘(B) any use of water that is not described
and approved by the Director of the United
States Fish and Wildlife Service in the final bi-
ological opinion described in paragraph (1).
‘‘(k) FINAL SETTLEMENT.—
‘‘(1) IN GENERAL.—The provision of water to
the Tribes in accordance with this section shall con-
stitute final settlement of the tribal claims to water
rights on the Animas and La Plata Rivers.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in
this section may be construed to affect the right of
the Tribes to water rights on the streams and rivers
described in the Agreement, other than the Animas
and La Plata Rivers, to participate in the Animas-
La Plata Project, to receive the amounts of water
dedicated to tribal use under the Agreement, or to
acquire water rights under the laws of the State of
Colorado.
‘‘(3) ACTION BY THE ATTORNEY GENERAL.—
The Attorney General of the United States shall file
with the District Court, Water Division Number 7,
of the State of Colorado such instruments as may be
necessary to request the court to amend the final
consent decree to provide for the amendments made
to this section under section 2 of the Colorado Ute
Settlement Act Amendments of 1998.’’.
SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CER-
TAIN FUNDS.
(a) IN GENERAL.—Nothing in the amendments made
by this Act to section 6 of the Colorado Ute Indian Water
Rights Settlement of 1988 (Public Law 100–585) shall
affect—
(1) the applicability of any other provision of
that Act;
(2) the obligation of the Secretary of the Inte-
rior to deliver water from the Dolores Project and
to complete the construction of the facilities located
on the Ute Mountain Ute Indian Reservation de-
scribed in—