[Congressional Record Volume 144, Number 29 (Tuesday, March 17, 1998)]
[Senate]
[Pages S2115-S2122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Allard):
  S. 1771. 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; to the Committee on 
Indian Affairs.


           THE COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 1998

  Mr. CAMPBELL. Mr. President, today I introduce a bill to amend the 
Colorado Ute Indian Water Rights Settlement Act of 1988. I am pleased 
to be joined in this effort by my colleague Senator Allard.
  This bill represents our Nation's last opportunity to live up to an 
agreement we made with the two Indian Tribes in the State of Colorado.
  In 1976, the United States filed a claim asserting the historic 
rights of these Tribes to much of the water in the rivers in 
Southwestern Colorado. Rather than continue this disruptive and 
divisive litigation, the two Ute Tribes were parties to a Settlement 
Agreement in 1986, which was enacted by Congress and signed into law by 
President Reagan in 1988.
  So far, we have failed to construct any of the facilities promised in 
this agreement; even though Presidents Reagan, Bush, and Clinton have 
consistently supported full funding for this Project.
  I was reluctant to introduce this measure because I still believe 
that this country, this Congress, and especially the United States 
Senate can be trusted to fulfill the solemn commitment that was made to 
these Tribes in 1988, when I was a member of the House of 
Representatives. Of course the United States Senate has consistently 
and without exception, voted to abide by every term of this agreement.
  But the Ute Tribes point to the 472 treaties broken by the United 
States. Rather than allowing their 1988 Settlement to become the 473rd, 
they are willing to modify the terms of this agreement to move it 
forward. The original agreement called for construction to start in 
1990. Here it is 8 years later and we have not even started.

  These tribes have provided the United States with their last chance 
to honorably live up to the promises we have made to them.
  If the United States fails to provide these tribes with a water 
supply through the Animas-La Plata Project, the tribes will have no 
choice but to go back to court. Millions of dollars will then have to 
be spent in needless, expensive, and divisive litigation.
  One of our distinguished former colleagues, Arizona Senator Barry 
Goldwater, was fond of saying that in Arizona it is so dry that the 
trees chase the dogs. Mark Twain said that the West is so dry that we 
can't afford to drink water, we are too busy fighting over it. What he 
said was, ``Whiskey is for drinking, water is for fighting.''
  Throughout the history of this region, the need for water has 
dominated and dictated our development. About 85% of the water used in 
the West is stored in mountain reservoirs during spring run-off so it 
can be used during the hot summers. For thousands of years this has 
been a fact of life for those who live in the arid West. We are 
following the example of the Anasazi Indians who also knew the need to 
collect and store water for dry spells 2,000 years ago in the same area 
proposed for the Animas-La Plata.
  In fact, when the Animas-La Plata Project was authorized in 1968, a 
number of other projects were authorized along with it, including the 
Central Arizona Project in the Lower Colorado Basin and projects in the 
Upper Basin.

[[Page S2116]]

 These facilities have already been constructed. We constructed these 
projects to meet the pressing needs of people and development. Only the 
Animas-La Plata languishes.
  The 1988 Colorado Ute Indian Water Rights Settlement Act was a fair 
and honest agreement with the two Indian tribes in my state. 
Furthermore, it was a compromise. The parties participating in these 
Settlement discussions and negotiations included a number of water 
conservancy districts, the states of Colorado and New Mexico, and 
numerous federal agencies. Congress and the President made this 
Agreement the law of the land.
  The two Tribes have every legal and moral right to hold the United 
States to the terms of the 1988 Agreement we enacted. Like any party to 
a binding agreement, they have the right to continue to demand that the 
United States live up to its commitment to build the entire Animas-La 
Plata Project. But the Tribes have made what one of the largest 
newspapers in my state refers to as a ``generous offer.'' This bill is 
that offer. If Congress passes these amendments, we will be paying for 
our obligations under the 1988 agreement with a few cents on the 
dollar. It was once estimated that it would cost almost $700 million to 
fulfill our obligations to these two tribes. Now we can do it for $257 
million. These two tribes have provided us with the opportunity to 
fulfill our legal obligations to them under the 1988 Act at a bargain 
basement price.
  Under the terms of the bill I introduce today, the legal claims 
raised by the Ute Mountain Ute and the Southern Ute tribes will be 
resolved once the Interior Department constructs the following 
facilities:
  A pumping plant to divert no more than 57,100 acre-fee of water per 
year from the Animas River; a facility to convey this water to an off-
river reservoir; and a reservoir to hold this water until it is needed 
for municipal, industrial, instream flow or other authorized and 
approved uses.
  Mr. President, the quantity of water that will be diverted and used 
by this project was not set by the project's beneficiaries, it was not 
set by the Bureau of Reclamation, it was not set by me; rather, it was 
set by the United States Fish and Wildlife Service. I quote the 
Service's recent Biological Opinion:

       An initial depletion not to exceed 57,100 acre feet for the 
     Project is not likely to jeopardize the continued existence 
     of the Colorado squafish or razorback sucker nor adversely 
     modify or destroy their critical habitat.

  The Service then goes on to agree that this level of depletion is 
consistent with the construction of the facilities that I have just 
mentioned.
  In addition: Two-thirds of water made available from these project 
components will be available to the two Ute tribes, with most of the 
balance available for municipal and industrial water, small irrigators 
in Colorado and New Mexico, and the Navajo Nation.
  The facilities to be constructed have been on the drawing board for 
decades. I think I can safely say that no project components in the 
history of developing water projects have gone through more 
environmental changes and more environmental regulations than this. In 
fact, here on the desk, I brought just the final supplement that was 
done after 1986, and it stands about half a foot high. If we stacked 
all of the different regulations that we have compiled end on end, we 
would have a stack over 3 feet high. I did not even bother bringing all 
of it to the Floor. But we have done virtually everything required to 
get this project developed.

  This represents only a portion of the environmental studies of this 
project conducted by just one of the Federal agencies involved.
  Those who have opposed this project in the past have had their own 
agendas: None of these agendas was concerned with this Nation's 
obligations to these two Indian tribes.
  Some complained about the price of the project while they conspired 
to inflate the cost by insisting upon wasteful study after study of 
this project.
  I think the tribes feel that they know there are certain interests 
who oppose the project and that they are the same interest groups that 
have opposed every project. They know that by driving the price up too 
much, it makes it much more difficult to build. But I think the United 
States' claim on being a trustee for tribes can only be fulfilled when 
we realize that our obligations under this original Water Rights 
Settlement Act must be complied with.
  The State of Colorado has done its part. It has expended $35 million 
to construct the pipeline needed to supply domestic water.
  The tribes have received their development funded of $57 million and 
derailed their water rights lawsuit in anticipation of the United 
States fulfilling its obligations.
  This Settlement proposal is the absolute minimum that we can ask 
these tribes to accept. More important, the most expensive part of this 
Project is the delay in constructing it. When I first became involved 
with the A-LP, about 15 years ago, the entire project could be built 
for around $315 million.
  When I think of the promises that were made to the Ute Tribes in my 
State, I am reminded of the words of Chief Joseph, the great Indian 
leader of the Nez Perce Tribe. When Chief Joseph came here to 
Washington he had this to say about the promises and assurances he 
received:

       I have heard talk and talk, but nothing is done. Good words 
     do not last long unless they amount to something. Good words 
     will not give my people good health and stop them from dying. 
     Good words will not give my people a home where they can take 
     care of themselves. I am tired of talk that comes to nothing. 
     It makes my heart sick when I remember all of the good words 
     and broken promises.

  As this bill is presently drafted, it enjoys widespread support among 
the people of Colorado, especially the people, local governments, and 
Indian tribes in Southwestern Colorado. State government, and literally 
all of our major newspapers. It is a significant attempt to compromise 
and make concessions by all parties involved. I believe we have come a 
long way.

  This bill is the product of significant attempts at compromise and 
concessions by all of the parties involved. I am pleased that the bill 
begins its legislative journey this far along. I know that not all of 
the parties who are affected by this bill agree with every one of its 
terms. While I can not respond to all of the concerns that have been 
raised, I can assure everyone that we will continue to work to address 
any legitimate concern raised about this legislation through the 
committee process.
  I urge my colleagues to support passage of this important legislation 
and meet the solemn commitments made to the Ute tribes in 1988.
  Mr. President, several newspapers, public officials and water 
Development Boards, and both of the Indian tribes in my state have 
supported the idea of modifying the Settlement in this manner. Since My 
legislation incorporates this approach, I ask unanimous consent that 
these editorials and Resolutions be included in the Record.
  Mr. ALLARD. Mr. President, will the Senator yield?
  Mr. CAMPBELL. Mr. President, I yield any remaining time to Senator 
Allard, and I thank the Senator.
  Mr. ALLARD. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Chair advises the Senator that he has 2 
minutes.
  Mr. ALLARD. Thank you very much.
  Mr. President, I just wanted to briefly stand up in recognition of 
the hard work of my colleague from Colorado on this very, very 
important issue to Colorado. And I want to add my support to the 
Colorado Ute Indian Water Rights Settlement Act of 1988.
  I have a number of comments that I would like to submit to the 
Record. But I just want to recognize in a public way that Senator 
Campbell has worked very hard on this. Obviously, I think both of us 
would have preferred to have the full project. But in light of what has 
come to light, I think most of us agree that we need to keep our word 
with the Ute Indians in the area, and we need to proceed ahead. It is 
vital to the area. It is important. Even though it might not be ideal 
for what we would like to see happen, at least we need to move ahead.
  I thank the senior Senator from Colorado for yielding to me and wish 
him the very best. I will be there supporting him all the way.
  Mr. CAMPBELL. I thank my colleague from Colorado. We fought for 
fairness when it came to water legislation when we were in the House of 
Representatives together, and here in the

[[Page S2117]]

Senate too, apparently our battles are not over. But I certainly do 
appreciate the support. I know we are on the right side of fairness for 
the people of our State.
  Mr. President, I ask unanmous consent that additicnal material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1771

       Be it enacted by the Senate and House of Representatives 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 provide for 
     a full and final settlement of the claims of the Colorado Ute 
     Indian Tribes, the Tribes have agreed to reduced 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 Settlement 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 Settlement 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 enactment of the 
     Colorado Ute Settlement Act Amendments 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 capacity of 260,000 acre-
     feet; and
       ``(ii) a pumping plant and a reservoir inlet conduit; and
       ``(B) through the use of the project components referred to 
     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 Commission, with an average 
     annual depletion of an amount not to exceed 10,400 acre-feet 
     of water; and
       ``(v) to the Animas-La Plata Conservancy District, with an 
     average annual depletion of an amount not to exceed 2,600 
     acre-feet of water.
       ``(2) Tribal construction costs.--Construction costs 
     allocable to the Navajo Nation and to each Tribe's municipal 
     and industrial water allocation from the Animas-La Plata 
     Project shall be nonreimbursable.
       ``(3) Nontribal water capital obligations.--The nontribal 
     municipal and industrial water capital repayment obligations 
     for the Animas-La Plata Project shall be satisfied, upon the 
     payment in full--
       ``(A) by the San Juan Water Commission, of an amount equal 
     to $8,600,000;
       ``(B) by the Animas-La Plata Water Conservancy 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 the cost-sharing obligation of 
     the State of Colorado recognized in the Agreement in 
     Principle Concerning 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 compliance and mitigation, the 
     protection of cultural resources, or fish and wildlife 
     mitigation and enhancement shall be nonreimbursable.
       ``(5) Tribal water allocations.--
       ``(A) In general.--With respect to municipal and industrial 
     water allocated to a Tribe from the Animas-La Plata Project 
     or the Dolores 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 subparagraph (A).
       ``(6) Repayment of pro rata share.--As an increment of a 
     municipal and industrial water allocation 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 replacement 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 Secretary 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 
     allocations--
       ``(A) to the Animas-La Plata Water Conservancy 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 depletion 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 requirements 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 
     accordance 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 all of the interests in water rights of the 
     Department of the Interior under New Mexico Engineer permit 
     number 2883, Book M-2, 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 Supplement to the 
     Final Environmental Impact Statement, Animas-La Plata Project 
     issued by the Department of the Interior and all documents 
     incorporated 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 Endangered 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 Settlement 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 opinion.
       ``(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 biological opinion described in 
     paragraph (1).
       ``(k) Final Settlement.--
       ``(1) In general.--The provision of water to the Tribes in 
     accordance with this section shall constitute 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 CERTAIN FUNDS.

       (a) In General.--Nothing in the amendments made by this Act 
     to section 6 of the

[[Page S2118]]

     Colorado Ute Indian Water Rights Settlement Act 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 Interior to 
     deliver water from the Dolores Project and to complete the 
     construction of the facilities located on the Ute Mountain 
     Ute Indian Reservation described in--
       (A) the Department of the Interior and Related Agencies 
     Appropriations Act, 1991 (Public Law 101-512);
       (B) the Department of the Interior and Related Agencies 
     Appropriations Act, 1992 (Public Law 102-154);
       (C) the Department of the Interior and Related Agencies 
     Appropriations Act, 1993 (Public Law 102-381);
       (D) the Department of the Interior and Related Agencies 
     Appropriations Act, 1994 (Public Law 103-138); and
       (E) the Department of the Interior and Related Agencies 
     Appropriations Act, 1995 (Public Law 103-332); or
       (3) the treatment of the uncommitted portion of the cost-
     sharing obligation of the State of Colorado referred to in 
     subsection (b).
       (b) Treatment of Uncommitted Portion of Cost-Sharing 
     Obligation.--The uncommitted portion of the cost-sharing 
     obligation of the State of Colorado referred to in section 
     6(a)(3) of the Colorado Ute Indian Water Rights Settlement 
     Act of 1988 (Public Law 100-585), as added by section 3 of 
     this Act, remains available after the date of payment of the 
     amount specified in that section and may be used to assist in 
     the funding of any component of the Animas-La Plata Project 
     that is not described in such section 6(a)(3).
                                                                    ____


                               Resolution

       The Colorado Water Conservation Board in regular session 
     meeting this 25th day of November 1997, is hereby resolved 
     that:
       Whereas, the Colorado Water Conservation Board is the state 
     agency responsible for the conservation and development of 
     the waters of the state apportioned to Colorado by interstate 
     compact, and the encouragement of the development of those 
     waters for the benefit of the citizens of the state of 
     Colorado, all as more fully set forth in C.R.S. Sec. 37-60-
     106; and
       Whereas, from 1968 to the present, the Colorado Water 
     Conservation Board has been continually on record in support 
     of the construction of the Animas-LaPlata Project, a Colorado 
     River Storage Project Act participating project; and
       Whereas, the Director of the Colorado Water Conservation 
     Board and its members have regularly testified before 
     Committees of the U.S. Congress in support of the 
     construction of the Animas-LaPlata Project; and
       Whereas, the Colorado Water Conservation Board, together 
     with other agencies and instrumentalities of the state of 
     Colorado, participated in the negotiation of 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, 
     the federal government and the two Colorado Ute Indian Tribes 
     that the construction of the Animas-LaPlata 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 
     LaPlata Rivers; and
       Whereas, the Congress of the United States adopted and 
     ratified the 1986 Colorado Ute Indian Water Rights Settlement 
     by the passage of the Colorado Ute Indian Water Rights 
     Settlement Act of 1988; and
       Whereas, Colorado, acting through the General Assembly, the 
     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 the construction of the 
     Dolores Project with irrigation water being delivered to the 
     Ute Mountain Ute Indian Tribe on its Reservation, the 
     construction of a domestic pipeline to the Town of Towaoc, 
     the successful adoption of Colorado water court decrees 
     recognizing the Indian reserved water rights on various 
     tributaries of the San Juan River and finally the 
     appropriation of funds which now compromise $5.0 million to 
     Tribal Development Funds, $5.6 million from the Colorado 
     Water Conservation Board Construction Fund for construction 
     of Ridges Basin and $42.4 million for the state's 
     participation in the construction of the Animas-LaPlata 
     Project, which funds are currently held by the Colorado Water 
     Resources and Power Development Authority in trust for the 
     eventual construction of the Animas-LaPlata Project; and
       Wheras, the state of Colorado acting through the offices of 
     Governor Roy Romer and Lieutenant Governor Gail Schoettler 
     have sponsored a series of meetings in an effort to resolve 
     objections to the construction of the Animas-LaPlata Project, 
     to allow the fulfillment of the provisions of the Colorado 
     Ute Indian Water Rights Settlement and to reach a consensus 
     which would allow the project to be completed and;
       Whereas, the process convened by Governor Romer and 
     Lieutenant Governor Schoettler resulted in two proposals to 
     comply with the terms of the Colorado Ute Indian Water Rights 
     Settlement. The proposal from persons and entities opposing 
     the construction of the Animas-LaPlata Project called for a 
     cash settlement fund for the Tribes in lieu of Project 
     construction. This proposal was rejected by both Tribes. On 
     the other side of the process, the Colorado Ute Indian 
     Tribes, the Animas-LaPlata Water Conservancy District Board 
     of Directors, New Mexico water users and ultimately Governor 
     Romer and Lieutenant Governor Schoettler have endorsed a 
     proposal to construct a modified and downsized Animas-LaPlata 
     Project; and
       Whereas, the downsized Animas-LaPlata Project, often 
     referred to as Animas-LaPlata Lite, contemplates the 
     construction of the Ridge's Basin Reservoir and a pumping 
     plant and pipeline from the Animas River, with the water 
     stored in the Reservoir to be used to satisfy the two Ute 
     Indian Tribes claims and for municipal and industrial 
     purposes in the Animas River Basin; and
       Whereas, the U.S. Fish and Wildlife Service has completed 
     its Endangered Species Act Section 7 consultation on the 
     project and has authorized the construction of the facilities 
     which are described in the Animas-LaPlata Lite proposal 
     together with an entitlement to make an annual depletion to 
     the San Juan River system of 57,100 acre-feet; and
       Whereas, the project participants have agreed on the 
     allocation of the depletions and the necessity of 
     constructing the authorized facilities; and
       Whereas, the Bureau of Reclamation has completed a 
     supplemental environmental impact statement at a cost of more 
     than $10 million; and
       Whereas, it appears that all environmental laws and 
     regulations of the state of Colorado, the state of New 
     Mexico, and the Federal Government have been addressed; and
       Whereas, it is necessary to amend the Colorado Ute Indian 
     Water Rights Settlement Act of 1988; and
       Whereas, the Board wishes to lend its continued support the 
     construction of the Animas-LaPlata Project and, in 
     particular, to the full compliance by the state of Colorado 
     with the terms of the Colorado Ute Indian Water Rights 
     Settlement: Now therefore, be it
       Resolved by the Colorado Water Conservation Board, That:
       1. The Board endorses the modified Animas-LaPlata Project 
     referred to a the Animas-LaPlata Lite.
       2. The Board expresses its support for Governor Romer and 
     Lieutenant Governor Schoettler and for their recognition and 
     support for this compromise resolution between the two 
     Colorado Ute Tribes and the Project proponents.
       3. The Board expresses its appreciation to the two Colorado 
     Ute Tribes for their continued efforts to work with the water 
     users in Southwest 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 of the residents of the area.
       4. The Board expresses its appreciation to the water users 
     in Southwestern Colorado for their support for this 
     resolution of the Indian reserved rights claims and the Board 
     comments the non-Indian project supporters who sacrificed so 
     much in order to achieve a settlement acceptable to the 
     Colorado Ute Indian Tribes.
       5. The Board 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 Animas-LaPlata Lite.
       6. The Board expresses its appreciation to the U.S. 
     Department of the Interior, Environmental Protection Agency, 
     the environmental groups and others who contributed 
     significantly to the series of meetings convened by Governor 
     Romer and Lieutenant Governor Schoettler.
       7. The Board encourages the Colorado delegation to 
     unanimously endorse and support legislation necessary to 
     effectuate the modified Animas-LaPlata Project (Animas-
     LaPlata Lite) and to effectuate the Colorado Ute Indian Water 
     Right Settlement.
       8. The Board instructs its Director to ensure that its a 
     official position concerning the construction of the modified 
     Animas--LaPlata Project and the necessity of complying with 
     the Colorado Ute Indian Water Rights Settlement is conveyed 
     to the two Ute Tribes each of the members of the Colorado 
     Congressional delegation, to the Secretary of the Interior, 
     to the Administrator of the Environmental Protection Agency, 
     to the New Mexico Congressional delegation, to the 
     appropriate officials in each of the Colorado River basin 
     states, to the Chairman of the Navajo Nation, to the Director 
     of the Native American Rights Fund and to the members of the 
     Colorado General Assembly and other interested officials.
                                                                    ____


         Resolution No. 97-160 of the Southern Ute Indian Tribe

       Whereas, authority is vested in the Southern Ute Indian 
     Tribal Council by the Constitution adopted by the Southern 
     Ute Indian Tribe and approved November 4, 1936, and amended 
     October 1, 1975, to act for the Southern Ute Indian Tribe; 
     and
       Whereas, under the provisions of Article VII, Section 1(c) 
     of said Constitution, the

[[Page S2119]]

     Tribal Council has the inherent power to act regarding the 
     water rights of the Southern Ute Indian Tribe and under the 
     provisions of Section 1(n) has the power to protect and 
     preserve the property and natural resources of the Southern 
     Ute Indian Tribe; and
       Whereas, the Southern Ute Indian Tribe has negotiated a 
     settlement of their reserved water rights which were the 
     subject of litigations in the Colorado water courts; and
       Whereas, on December 10, 1986, the Southern Ute Indian 
     Tribe entered into the Colorado Ute Indian Water Rights Final 
     Settlement Agreement of 1986 which has as its foundation, the 
     construction of the Animas-La Plata Project; and
       Whereas, in 1988, legislation was enacted by the United 
     States Congress which would implement portions of the 
     Colorado Ute Indian Water Rights Final Settlement Agreement 
     of 1986; and
       Whereas, certain members of Congress, with the support and 
     encouragement of various environmental groups including the 
     Sierra Club, have refused to recognize and abide by the 
     federal trust responsibility to carry out the letter and the 
     spirit of the Colorado Ute Indian Water Rights Final 
     Settlement Agreement of 1986 and 1988 implementing 
     legislation, which refusal sets a dangerous precedent for all 
     Indian tribes; and
       Whereas, since 1988, the enforcement of the Endangered 
     Species Act and other environmental laws, as well as new 
     budget priorities in Congress, have halted the construction 
     of the Project and caused the United States to fail to live 
     up to its solemn obligations under the settlement; and
       Whereas, under the leadership of Governor Romer and 
     Lieutenant Governor Schoettler, the Southern Ute Indian 
     Tribe, the Ute Mountain Ute Indian Tribe, and other 
     signatories to the 1986 Agreement have been engaged for the 
     past year in discussions with the project opponents about 
     potential alternatives to the Project; and
       Whereas, the Southern Ute Indian Tribal Council received a 
     presentation from SUGO regarding the proposed Southern Ute 
     Land and Legacy Fund and requested the project opponents to 
     attend a public meeting in the vicinity of the Reservation to 
     discuss the Animas River Citizens' Coalition proposal; and
       Whereas, the Southern Ute Indian Tribal Council has 
     carefully considered the advantages and disadvantages of the 
     Animas River Citizens' Coalition proposal as an alternative 
     to carry out the intent of the 1986 Settlement Agreement and 
     1988 Settlement Act: Now, therefore be it
       Resolved, That the Southern Ute Indian Tribal Council 
     acting for and on behalf of the Southern Ute Indian Tribe, 
     hereby determines that Animas River Citizens' Coalition 
     proposal will not meet the tribal objectives that were to be 
     accomplished under the 1986 Settlement Agreement and 1988 
     Settlement Act because among other things, that proposal does 
     not provide the Tribe with certainty that it will receive a 
     firm supply of water from a reliable source that can be used 
     to meet its present and future needs on the west side of the 
     Reservation; and be it further
       Resolved, That the Chairman is authorized to send a copy of 
     this resolution to the Lieutenant Governor.
       This Resolution was duly adopted on the 7th day of October, 
     1997.
                                                                    ____


Resolution No. 4364 of the Ute Mountain Ute Tribal Council; Reference: 
  Conclusion of Romer-Schoettler Water Settlement Negotiation Process

       Whereas, the Constitution and By-Laws of the Ute Mountain 
     Ute Tribe, approved June 6, 1940 and subsequently amended, 
     provides in Article III that the governing body of the Ute 
     Mountain Ute Tribe is the Ute Mountain Ute Tribal Council and 
     sets forth in Article V the powers of the Ute Tribal Council 
     exercised in this Resolution; and
       Whereas, the Tribal Council is responsible for the 
     advancement and protection of the water resources of the Ute 
     Mountain Ute Tribe; and
       Whereas, the Ute Mountain Ute Indian Tribe negotiated a 
     settlement of its reserved water rights which were the 
     subject of litigation in the Colorado water courts in the 
     1980's; and
       Whereas, on December 10, 1986 the Ute Mountain Ute Indian 
     Tribe entered into the Colorado Ute Indian Water Rights 
     Settlement Agreement of 1986 which settled outstanding 
     federal and state water disputes in Southwest Colorado, and 
     has as its foundation, the construction of the Animas-La 
     Plata Project; and
       Whereas, in 1988, legislation was enacted by the United 
     States Congress which implemented portions of the Colorado 
     Ute Indian Water Rights Settlement. Central to the Settlement 
     is a commitment by the United States and the State of 
     Colorado to develop storage capacity to hold for present and 
     future tribal economic uses, unappropriated waters from the 
     Animas River; and
       Whereas, in the past decade opponents of the project have 
     criticized the environmental and financial costs of the 
     proposal facility--the Animas-La Plata Project; and
       Whereas, in an effort to make peace with environmental 
     opponents and others the Ute Mountain Ute Tribe has 
     participated in public discussions led by Governor Romer and 
     Lt. Governor Schoettler for the past year to explore ways of 
     accommodating the interests of environmental and fiscal 
     opponents; and
       Whereas, as a result of these public discussions, the Tribe 
     and other project stakeholders have agreed to \2/3\ less 
     water supply from a significantly reduced facility (almost 
     eliminating all environmental impacts by fully complying with 
     the Endangered Species Act and dropping the cost to taxpayers 
     by \2/3\); and
       Whereas, the opponents have proposed an alternative which, 
     in lieu of providing the region with new and economically 
     viable water supplies, proposes to provide the two Colorado 
     Ute Tribes with funds with which to buy available undeveloped 
     lands and any direct flow water rights associated with such 
     lands which are on the market from time to time, together 
     with a possibility of expanding existing storage facilities; 
     and
       Whereas, the Ute Mountain Ute Tribal Council has evaluated 
     the land and direct flow water rights acquisition 
     alternative. During this evaluation not one member of the 
     United States congress nor one major federal or State of 
     Colorado official has come forward to urge that the Tribe's 
     best interests would be served by the land and water 
     acquisition proposal: Now therefore be it
       Resolved, That the Ute Mountain Tribal Council hereby 
     determines that the land and direct flow water rights fund 
     and facility expansion proposed by the Animas River Citizen's 
     Coalition fails to provide the Tribe with the basic 
     commitment made by the United States and the State of 
     Colorado in 1988--namely a reliable firm supply of water to 
     meet present and future needs of the Tribe.
       The foregoing Resolution was duly adopted on this 22nd day 
     of October, 1977.
                                                                    ____


  Resolution No. 98-5, Colorado Water Resources and Power Development 
 Authority Affirming Continued Support for the Animas-La Plata Project

       Whereas, the Colorado Water Resources and Power Development 
     Authority (``the Authority'') was created by the Colorado 
     Legislature in 1981 to ``initiate, acquire, construct, 
     maintain, repair, and operate projects'' in furtherance of 
     Colorado's declared public policy concerning protection, 
     development, and beneficial use of the water of this state, 
     and was empowered to finance the construction of water 
     projects in the state; and
       Whereas, on February 3, 1982, by Senate Joint Resolution 
     No. 82-6, the Authority was authorized pursuant to C.R.S. 
     Sec. 37-95-107 to proceed with consideration of the Animas-La 
     Plata Project located in southwestern Colorado; and
       Whereas, on June 30, 1986, the Authority executed and 
     entered into the Agreement in Principle concerning the 
     Colorado Ute Indian Water Rights Settlement and Binding 
     Agreement for Animas-La Plata Project Cost Sharing. The other 
     parties to that agreement are the State of Colorado, the 
     Animas-La 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 the Agreement provides for the 
     construction of the facilities of the Animas-La Plata Project 
     ``or mutually acceptable alternatives'' in phrases I and II; 
     for cost sharing of the construction costs of the identified 
     Phase I facilities; and for non-federal financing of the 
     identified Phase II facilities; and
       Whereas, on December 10, 1986, the State of Colorado, the 
     Ute Mountain Ute Indian Tribe, the Southern Ute Indian Tribe, 
     the United States Department of the Interior, the United 
     States Department of Justice, the Animas-La Plata Water 
     Conservancy District, the Dolores Water Conservancy District, 
     the Florida Water Conservancy District, the Mancos Water 
     Conservancy District, the Southwestern Water Conservation 
     District, the City of Durango, the Town of Pagosa Springs, 
     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 Right Settlement Act 
     of 1988; and
       Whereas, on November 10, 1989, the Authority entered into 
     an Escrow Agreement with the United States Department of the 
     Interior and the State Treasurer of the State of Colorado 
     pursuant to which certain funds of the Authority were 
     deposited into the Animas-La Plata Escrow Account with the 
     Colorado State Treasurer for disbursement of up to 42.4 
     million dollars to the United States to defray a portion of 
     the construction costs of certain Phase I facilities of the 
     Animas-La Plata Project. 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 upon the 
     occurrence or non-occurrence of certain events; and
       Whereas, current discussion and negotiations among parties 
     concerned in the development and construction of the Animas-
     La Plata Project have resulted in the development of a 
     proposal to reconfigure the project by eliminating or 
     delaying construction of certain facilities. The reconfigured 
     proposed project is sometimes referred to as Animas-La Plata 
     Project ``Lite''; and
       Whereas, the Animas-La Plata ``Lite'' proposal contemplates 
     reduction of Colorado's cost sharing obligation for the 
     project to $16 million, with the remaining principal of $26.4 
     million currently in the Animas-La Plata

[[Page S2120]]

     Escrow Account and committed for cost sharing on construction 
     of the project to be held in escrow and not disbursed pending 
     possible future construction of the remaining facilities of 
     the Animas-La Plata Project; and
       Whereas, the Authority has and continues to support the 
     construction of the Animas-La Plata Project, and has 
     evidenced this support by voluntarily committing up to $42.4 
     million for construction of the Project.
       Now therefore, be it resolved by the Board of Directors of 
     the Colorado Water Resources and Power Development Authority 
     at a regular meeting of the Authority on February 6, 1998, as 
     follows:
       1. The Authority reaffirms its continuing support for 
     construction of the Animas-La Plata Project.
       2. The Authority affirms its willingness, subject to 
     agreement by the other signatories, to enter into appropriate 
     amendments to the agreements to which it is a party 
     (including the 1986 Cost Sharing Agreement and the 1989 
     Escrow Agreement) to reflect and to provide for (1) 
     construction of the so-called Animas-La Plata ``Lite'' 
     Project, with Colorado's cost sharing obligation limited to 
     $16 million to be disbursed from the existing Animas-La Plata 
     Project Escrow Account under acceptable terms, and (2) to 
     provide for the continuing escrow of the remaining principal 
     of $26.4 Million now on deposit in the Animas-La Plata Escrow 
     Account for a mutually acceptable period of time pending 
     possible future construction of the remaining facilities of 
     the Animas-La Plata Project, with all interest accruing upon 
     said principal being paid to and retained by the Authority 
     for its use.
                                                                    ____


 Gov. Roy Romer and Lt. Gov. Gail Schoettler--Concerning the Animas-La 
                          Plata Water Project

       Today, we are announcing our support for ``A-LP Lite''--the 
     scaled-down version of the Animas-La Plata water project. 
     This proposal saves nearly $400 million from the original 
     project and is less environmentally damaging than the 
     original project. Most importantly, it satisfies the state's 
     obligations to deliver water to the Southern Ute and Ute 
     Mountain Ute Tribes.
       In 1986, the State of Colorado, non-Indian water users in 
     Southwest Colorado and New Mexico, and the United States, 
     entered into a landmark settlement agreement with the 
     Southern Ute and the Ute Mountain Ute Tribes. This agreement 
     quantified the Tribes' entitlement to reserved water rights 
     on 11 rivers in Southwest Colorado.
       The settlement agreement set a national standard for 
     cooperation between Indian Tribes and non-Indians. It settled 
     potentially expensive and divisive litigation. It protected 
     the water rights of non-Indians in Southwest Colorado. It 
     maintained the fabric of Indian and non-Indian societies and 
     economies.
       To comply with the agreement, the state has paid or set 
     aside $60.8 million, and has agreed to the adjudication of 
     reserved water rights by the Tribes. The only remaining 
     obligation under the agreement is for the United States to 
     fund and build the Animas-La Plata water project. The project 
     is necessary to satisfy the Tribes' water claims on the 
     Animas and La Plata Rivers.
       Yet after 10 years the project has not been built. 
     Controversy and lawsuits have delayed the start of 
     construction. Each year, Congress debates whether to continue 
     funding the project. The Interior Department has conducted a 
     number of studies which the courts or the Environmental 
     Protection Agency have found inadequate. We understand that 
     one of the EPA's primary objections with the environmental 
     analysis has been that the examination of alternatives is 
     deficient.
       Last year, the project proponents asked us to convene talks 
     among all sides to see if a consensus solution could be 
     reached. Through sometimes heated debate, the ``Romer-
     Schoettler Process'' whittled an initial list of 65 options 
     to two basic alternatives.
       Project proponents, including the Tribes, reduced the size 
     of the project drastically. They cut many project features, 
     principally non-Indian irrigation. Throughout this difficult 
     process, the Tribes steadfastly maintained their desire for 
     construction of a reservoir to hold water which can be an 
     asset for future generations.
       Project opponents developed an alternative involving no 
     reservoir. The alternative calls for the United States to pay 
     money to the Tribes that can be used to buy land and water, 
     or to develop water from other existing water projects on 
     other rivers which have already been adjudicated under the 
     settlement agreement.
       Both Tribal Councils rejected this alternative by official 
     resolutions.
       It was therefore clear that the Romer-Schoettler Process, 
     having made substantial progress, could not bridge the gap 
     between these fundamentally different proposals. Recently, 
     the Tribes asked us to take a position on the two 
     alternatives. Therefore, yesterday we went to Santa Fe, New 
     Mexico, to meet with Tribal leaders and other project 
     participants.
       At that meeting, we reaffirmed our continuing obligations 
     of the State of Colorado to work cooperatively under the 1986 
     settlement agreement, to find and support a solution to the 
     Animas-La Plata controversy. We have maintained that any 
     solution should be fiscally and environmentally responsible.
       Because of that obligation, and the Tribes' legitimate 
     desire for a reservoir, we endorsed the proposal of the 
     project participants for construction of a significantly 
     reduced project. This alternative is more cost-effective and 
     has fewer environmental impacts than the original project 
     configuration. It was developed to fit within all the 
     environmental compliance documentation and approvals that 
     have been done to date. We will be working with the project 
     proponents and the State of New Mexico to develop legislation 
     for introduction in Congress that will authorize this 
     alternative.
       Yesterday, we also committed to meet as soon as possible 
     with Interior Secretary Bruce Babbitt and EPA Administrator 
     Carol Browner. The purpose of our meetings will be to convey 
     our support for the Tribes' and proponents' alternative. We 
     also will express our strong belief that the results of the 
     Romer-Schoettler process should be used to ``fill-in-the-
     gaps'' of the alternatives analysis that the EPA found 
     deficient. We will seek definite commitments from them as to 
     whether they will require any additional information. If so, 
     we will ask them to define the precise time frames for this 
     information so that we can work with the Tribes to introduce 
     legislation in the next Congress.
       We appreciate and value the relationship between the State 
     of Colorado and the Southern Ute and Ute Mountain Ute Tribes. 
     Honoring our promises under the 1986 settlement agreement is 
     critical to that relationship. We will continue to work 
     closely with the Tribes and water users of Southwest Colorado 
     to make sure those promises are kept.
                                                                    ____


                 [From the Denver Post, Nov. 23, 1997]

                         Animas Lite Looks Good

       Gov. Roy Romer and Lt. Gov. Gail Schoettler's endorsement 
     last week of the downsized Animas-La Plata water project has 
     given another boost to a compromise plan that slashes both A-
     LP's cost and its environmental impact by about two-thirds.
       As originally proposed, A-LP would have drawn 190,000 acre-
     feet annually from the Animas River at an estimated cost to 
     taxpayers of $714 million. ``Animas-La Plata Lite,'' as the 
     compromise was inevitably dubbed, would draw only 57,100 
     acre-feet from the river, at a cost of $257 million.
       Even so, A-LP Lite would still meet the legitimate claims 
     of the Southern Ute and Ute Mountain Ute tribes by satisfying 
     the Colorado Ute Indian Water Rights Settlement Act of 1988. 
     The majority of the original project's benefits would have 
     gone to non-Indian users. The scaled-back project eliminates 
     most non-Indian benefits.
       That's as it should be. The Utes were originally granted 
     all of Colorado's Western Slope before being systematically 
     robbed in a series of land grabs that reduced them to their 
     present modest reservations. Colorado and the federal 
     government thus have an obligation to the Utes that is far 
     greater than to non-Indian water users in the area. And as 
     Romer noted last week, A-LP Lite is ``the most realistic way 
     of keeping our obligation to the Indian community.''
       Romer and Schoettler plan to meet with Interior Secretary 
     Bruce Babbitt and Carol Browner, the head of the 
     Environmental Protection Agency, to promote the compromise. 
     We wish them success in their expressed desire of convincing 
     the next session of Congress to fund the compromise plan.
       Schoettler deserves particular credit for midwifing what we 
     hope will be a successful conclusion to this long-running 
     controversy. The lieutenant governor led a series of 
     mediation sessions between project supporters and 
     environmentalists opposed to A-LP. While Schoettler did not 
     succeed in bringing the two sides to a consensus, her efforts 
     went a long way toward crafting the attractive compromise she 
     and Romer endorsed last week. For that, taxpayers, Indians--
     and even those environmentalists willing to settle for two-
     thirds of a loaf--can be grateful.
                                                                    ____


                  [From the Denver Post, Feb. 8, 1998]

                           The Price Is Lite

       Congressional supporters of a radically downsized Animas-La 
     Plata plan are hoping to introduce a bill later this week to 
     fund the long-delayed water project in southwestern Colorado 
     and to at last assure the Southern Ute and Ute Mountain Utes 
     of the rights to ``wet water'' that they have been denied for 
     more than a century.
       The new ``Animas Lite,'' as the proposal is nicknamed, 
     would cost the federal government just $257 million, less 
     than a third of the original $744 million tab.
       The project's environmental impact has also been radically 
     reduced. Originally it would have diverted 150,000 acre-feet 
     of water per year from the Animas River. Now it will take 
     only 57,100 acre-feet. But the cutbacks came mostly at the 
     expense of non-Indian users, and both Ute tribes strongly 
     support the compromise.
       Lt. Gov. Gail Schoettler, who led a year-long mediation 
     effort, deserves much of the credit for mid-wifing the less 
     expensive, more environmentally acceptable alternative, which 
     has also been endorsed by Gov. Roy Romer.
       The upcoming bill to fund the compromise will probably have 
     the support of seven of the eight members of Colorado's 
     congressional delegation. The sole holdout is likely to be 
     Rep. Diana DeGette, D-Denver, who has tended to take the 
     parochial attitude that the southwestern Colorado project 
     doesn't benefit her district.

[[Page S2121]]

       The Post would like to gently remind Rep. DeGette that the 
     federally funded light rail project in southwest Denver 
     provides no direct benefit to southwest Colorado, either--but 
     we haven't seen Rep. Scott McInnis scowling at that crucial 
     link in Colorado's overall transportation needs. Our small 
     state delegation needs to remember Benjamin Franklin's 
     admonition that ``unless we all hang together, we'll all hang 
     separately.''
       More importantly, Animas Lite isn't so much about water as 
     about justice for the Utes, who once owned all the Western 
     Slope before being systematically robbed of most of their 
     lands.
       The insulting alternative to Animas Lite proposed by the 
     Sierra Club--giving the Utes a cash handout--has been 
     unanimously rejected by both tribal councils.
       Animas-La Plata has been debated for more than 30 years. 
     It's time for the government to keep its word to the Utes and 
     build the compromise project.
                                                                    ____


                [From the Durango Herald, Nov. 23, 1997]

                            Build A-LP Lite


 romer-schoettler process did its job--including producing a-lp lite; 
                       now it's time to build it

       No single solution to how to provide the Southern and Ute 
     Mountain Utes the water they have coming resulted from the 
     Romer-Schoettler negotiating process. Far from it. Project 
     proponents still have a reservoir in their plan to store new 
     water, while opponents proposed to strip existing summer 
     water from purchased irrigated land.
       But while the process consumed a year--an additional delay 
     that benefits project opponents who want nothing built--the 
     process was far from wasted.
       Out of it came much-reduced project that would be much more 
     all-Indian. While relatively small amounts of municipal water 
     remain, almost entirely eliminated is the large non-Indian 
     irrigation component. And the two Ute tribes have agreed to 
     accept one-third less water at no charge in exchange for the 
     originally negotiated larger amount at cost.
       In these times of federal budget-balancing, and support for 
     free-flowing rivers, the smaller Animas-La Plata Lite is a 
     big step forward.
       In contrast, the scheme of land purchases the handful of 
     project opponents proposed has little substance. They would 
     find some storage in existing reservoirs, but the bulk of the 
     water would be available in the spring and summer only. 
     Ignored in their plan was the awkward picture of Florida Mesa 
     lands stripped of water, and just how downstream return-flow 
     water users would be compensated.
       Though billed as less expensive than Animas-La Plata Lite 
     and as helping to fulfill the Southern Utes' desire to own 
     more of the land within the external boundaries of their 
     reservation, the land purchases would fall far short of 
     providing the Utes with the kind of water they are owed and 
     would raise plenty of new environmental issues.
       Last week, Gov. Roy Romer and Lt. Gov. Gail Schoettler 
     endorsed Animas-La Plata Lite, and the governor said, if 
     asked, he would urge President Bill Clinton to build it.
       The Environmental Protection Agency, granted extensions to 
     complete its studies, needs to pick up the pace. Removing 
     less water from the Animas River, as spelled out ion A-LP 
     Lite, shouldn't require massive rewrites. The Bureau of 
     Reclamation, which sometimes has behaved as though it wished 
     the Animas-La Plata Project would just go away so it could 
     focus on a new mission of increasing water use efficiency, 
     can't turn its back on the need to build one last dam as 
     cost-effectively as possible.
       The Utes have waited a long time for the water they have 
     coming, and they've reduced their claims to help make Animas-
     La Plata Lite possible. Animas-La Plata Lite ought to be 
     built as soon as possible.
                                                                    ____


               [From the Pueblo Chieftain, Nov. 21, 1997]

                             It's High Time

       The Romer administration has dropped its neutrality on the 
     Animas-La Plata Project in southwestern Colorado to support 
     what's being called Animas-La Plata Lite.
       Gov. Roy Romer and Lt. Gov. Gail Schoettler on Tuesday 
     announced their support of the scaled-back plan to provide 
     water for two Indian tribes in Colorado and northwest New 
     Mexico. The revised proposal would cost an estimated $250 
     million instead of $740 million for the full project.
       The Southern Ute and Ute Mountain Ute tribes suggested the 
     smaller project earlier this year to get the long-stalled 
     project going. A-LP, first authorized by Congress 29 years 
     ago as an irrigation project, was amended in 1986 to include 
     water rights claims by the tribes which were agreed to in a 
     treaty with the United States. Since then, though, 
     environmental groups have fought the project at every 
     juncture.
       Part of their strategy of delay has been to drive up the 
     cost almost geometrically. Thus opponents have aligned 
     themselves with a smattering of fiscally conservative 
     Republicans and liberal Democrats in hypocritically decrying 
     the project's cost.
       A-LP Lite would halve the amount of water diverted for 
     municipal and other uses and would suspend a plan to irrigate 
     non-Indian lands. The amount of water for the tribes would be 
     cut, although they now would receive the lion's share of it.
       During this week's announcement, the governor said he 
     believed the state has an obligation to the tribes, which it 
     does. So does the federal government, which should not 
     abrogate yet another treaty with the Indians, even though the 
     Sierra Club continues to oppose any project other than buying 
     existing water rights and giving them to the tribes.
       With the weight of the state government now behind A-LP 
     Lite, the federal government should press ahead. Three 
     decades of dickering has done no one any good--except those 
     who make their livelihoods being public pests.
                                                                    ____


                [From the Daily Sentinel, Nov. 19, 1997]

                State Leadership, at Long Last, on A-LP

       The era of delays on the Animas-La Plata Water project must 
     end, Gov. Roy Romer and Lt. Gov. Gail Schoettler declared 
     Tuesday. It's time to move forward with the scaled-down 
     version of the project known as A-LP Lite.
       That is the very welcome and long-overdue message Romer and 
     Schoettler delivered to Ute Indian tribal leaders at a 
     meeting in Santa Fe Monday, the same message they promise to 
     take to U.S. Secretary of Interior Bruce Babbitt and EPA 
     Director Carol Browner in the next few weeks.
       One might be forgiven for suggesting that the Romer 
     administration has been at least partially responsible for 
     delays on Animas-La Plata, with its year-long roundtable 
     discussion that failed to reach any resolution between 
     supporters and opponents.
       But Schoettler and Romer maintained Tuesday that the 
     process was important in narrowing the number of alternatives 
     from 65 to two and in prompting project supporters to come up 
     with the ``more realistic'' A-LP Lite. Moreover, the two said 
     in a statewide teleconference with reporters Tuesday, the 
     process could be even more important and timesaving if 
     federal officials accept the various alternatives examined 
     during the Romer-Schoettler discussions rather than requiring 
     yet another reopening of the environmental impact statement 
     for the project to study more alternatives.
       That remains to be seen, of course. But give Romer and 
     Schoettler credit for deciding to push such an idea with 
     Babbitt and Browner.
       And if the governor and lieutenant governor appeared 
     decidedly ambiguous about taking sides a few weeks ago--their 
     Oct. 30 letter to Babbitt and Browner took no position on 
     either alternative and said it was up to the federal agencies 
     to resolve the issue--that ambiguity is gone now.
       ``We both favor A-LP Lite as the most realistic way to meet 
     our commitments to the tribes,'' Romer said. ``We want to 
     expedite the decision-making process so we can get it before 
     Congress in the next session.''
       Echoed Schoettler. ``Our job now is to push this forward to 
     meet our commitments to the tribes.''
       Given Romer's position as chairman of the Democratic 
     National Committee and Schoettler's own eminent stature 
     within the Democratic Party, the two are in positions to have 
     a great deal of influence on Babbitt, Browner and others in 
     the Clinton administration.
       They are less likely, of course, to influence opponents of 
     the Animas-La Plata, who will undoubtedly take Tuesday's 
     announcement as a form of betrayal by the governor and 
     lieutenant governor.
       Romer stressed Tuesday that he didn't want this process 
     dragged out by litigation and delay. Unfortunately, he and 
     Schoettler will be hard-pressed to convince the Sierra Club 
     and its minions of that. The Romer administration should be 
     prepared to commit all of the state's resources at its 
     disposal to overcome the relentless obstructionism of the 
     environmental community to, at long last, fulfill the long-
     denied water promises to Colorado's Ute Indians.

  Mr. ALLARD. Mr. President, I want to add my support to the Colorado 
Ute Indian Water Rights Settlement Act of 1998.
  The project that is before us now represents a scaled down version of 
what was originally promised.
  This project will be inexpensive enough to allow it to pass through 
Congress and finally do something towards fulfilling the obligations of 
the United States to the Tribes and their members, while at the same 
time not being so scaled down and cheap as to fail to live up to the 
promise our government made years ago.
  The Ute Tribes have accepted this proposal even though it is 
significantly less than what they were first offered.
  As to whether they are doing this because a smaller project fits all 
their needs, or because they are realistic enough to admit that the 
long history of broken treaties is most likely not about to stop now, 
I'm sure we all have opinions.
  The Utes are willing to accept this deal for a very simple reason:
  They need water.
  Anybody here can go to a water cooler and get a glass of water. But 
if you want to water your garden, you need a bigger source--a garden 
hose and a faucet.
  And if you need to water your farm, or supply industry, you need a 
bigger source yet.

[[Page S2122]]

  The Ute Indians are hoping they can rely on the Animas La Plata for 
their water needs, and they are hoping they can rely on the Government 
that promised them that water to follow through on delivering the 
water.
  The Act before us focuses on the three main items needed to fulfill 
our obligation. It calls for a storage reservoir to be built to hold 
the promised water, the conveyance needed to transport water to the 
reservoir, and the guarantee to the Ute tribes of the water in that 
reservoir.
  These three things are only, oh, 130 years or so in the coming. The 
Ute Indian Tribe signed a treaty with the U.S. Government in 1868. This 
treaty promised the Ute Indian Tribes a permanent, reliable source of 
water.
  In 1988, the Colorado Ute Indian Water Rights Settlement Act 
reaffirmed these rights. It called for a much larger project than is 
before us now.
  The Ute Indian Tribe would, of course, probably still prefer the full 
Animas La Plata Project. Those who favor upholding the word of the 
United States government to the Ute Indian Tribe would probably prefer 
the full project. However, there are those who don't seem to care about 
these matters who have blocked a larger project.
  What we are considering now is smaller, cheaper, and less extensive, 
but the beneficiaries of it are willing to compromise. They need 
something, anything, more than they need an ideal.
  There are many reasons to vote for this project. I think the best 
reason is not because it is authorized by Congress, not because it is 
ratified by the Supreme Court, not because it is supported by the last 
three Presidents, and not even because it will save the country over 
$400 million from the originally agreed-to project.
  The best reason is simply that this project should be voted for 
because it is the duty and treaty obligation of the United States to 
the Ute Indian Tribes.
                                 ______