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Oct. 5, 1999 By Jim Mimiaga Ute Mountain Ute Tribal Chairman Ernest House emphasized the critical role that water plays in the future of development and employment on the 450,000-acre reservation at the annual Colorado Water Officials Association meeting last week in Durango. Referring to the long-stalled Animas-La Plata water project, which would draw promised Ute water rights from the Animas River into an off-stream reservoir two miles south of Durango, House also reaffirmed his tribe's commitment to court action if work on the controversial $240 million water diversion and storage plan does not begin soon. "As we approach the new millennium, still the federal government has not fulfilled this tribe's water treaty obligations," House said during a keynote speech to water officials. "The survival of our Native American community depends on water; it is vital for us to exist on the land that we have today." Without the 60,000 acre-feet of water owed to the Ute Mountain Utes under treaty obligations dating back more than 100 years, the tribe's ability to grow and prosper is severely diminished, he said. More water means increased opportunity for development, which means more jobs for tribal members, now numbering nearly 2,000 and growing. That's essential for securing a sense of sovereignty on the reservation, House said, and more importantly allows future generations to continue with the Ute tradition and culture in a modern context that keeps pace with the economic success of the nation. "Before the Dolores Project was built, our tribal unemployment was at 80 percent with little training or education," House said. "Now with the water from McPhee (reservoir) and the successful casino operation, our people have more opportunity for employment. But this is not enough; we need the water owed to us in order to plan for the future." Terry Knight, assistant general manager for the Ute Mountain Ute Farm and Ranch operations, spoke to the audience about the success Utes have experienced as a result of circle farms made possible from water rights settled by the Dolores Project. "Many of our employees did not work out well in the casino or in administration, but they do very well and work very hard on our farm and ranch operations. A-LP will allow our people to continue to be self sufficient," Knight said. A recent ruling by the U.S. Department of Interior has affirmed that water rights owned by the Ute Mountain and Southern Ute Tribes were indeed legally established in 1868, preceding all other claims. That priority date was challenged by the Citizens Progressive Alliance, a group opposed to A-LP who favors a non-structural alternative to satisfying the Ute Tribe's and Navajo water claims. Those claims need to be satisfied before Jan. 1, 2000, at which point the tribes have until Jan. 1, 2005, to either re-negotiate the treaty or sue the government in federal court for the right to established water rights potentially realized under A-LP. The Ute Mountain Utes were awarded the contract to conduct the Environmental Impact Study for A-LP by the Bureau of Reclamation as required under the National Environmental Policy Act for large water projects. Once that EIS is completed by subcontractor Resources Management Inc. the Bureau will recommend a preferred alternative from all of the options (non-structural and structural) by early next year. House pointed out at the meeting that those 19th-century rights were allocated before Colorado became a state in 1876 and scoffed at allegations by A-LP opponents that the project is being solicited "wrapped in an Indian blanket" in order to help push it through. "If you go back to my reservation, you will see how vital water is for our existence. It is not asking for too much." In 1988 the project was given the green light by President Reagan, although Congress has so far balked at funding its high price tag despite, House said, "signing documents to build A-LP in good faith." "It is very important that we Native Americans continue with the difficult task of pushing the water issue at congressional level; hopefully, we can get legislation introduced and passed during this administration." House criticized U.S. Senator Ben Nighthorse Campbell (R-Colorado) for not pushing for the project during the current 106th Congress. Campbell, who has campaigned heavily for A-LP to no avail, announced Thursday to the Durango Herald that he will not sponsor a bill for it until a new administration takes hold following the 2000 national elections. "Senator Campbell has changed horses in the political arena, and now he has changed faces with the Indian community," House said, referring to the Senators' defection to the Republican party midterm in 1993 and his current hesitation to sponsor A-LP legislation this session. Environmental impact studies on the project and the effects of the end-uses of the water are also yet to be determined to the satisfaction of government regulators and are still ongoing. Additionally, various environmental protection and citizen watchdog groups are working vigorously to prevent damming the Animas (one of the last free-running rivers in the country) and to control government spending respectively. They have developed several non-structural alternatives (i.e. allocating federal money for tribes to buy out other water rights, or charging downstream states for using excess Colorado water) in order to satisfy the Indian water claims. But both tribal councils have been adamant about receiving "wet" water that can eventually be delivered via a system of canals and pump stations to reservation land, not monetary compensation or water rights elsewhere. Both tribal leaders have indicated court-action if a structural settlement is not reached by the deadline, looming in three months. A scaled-back version, dubbed "A-LP Lite", would cost $290 million, restrict Indian water claims uses to mostly municipal and industrial uses, and would cut financing for the Ute Mountain Utes to build a delivery system, expected to cost tens of millions of dollars. "A-LP Ultra Lite," favored by U.S. Secretary of the Interior Bruce Babbitt, would cost $170 million, is a third the size of the original $744 million project, and would require additional appropriations ($40 million) for purchasing other water rights to be used by the three Indian tribes. The precious commodity, once pumped uphill from the Animas River into nearby Ridges Basin, would need to be delivered to the La Plata River and then over to the Mancos River valley via miles of canals and transmission lines before it could be accessed by Ute Mountain Utes for use on reservation land. Once there, the Ute Mountain Utes can begin to develop it for economic benefit. House hinted at tapping into energy markets such as coal, which studies show is prevalent in the Four Corners region. "When we take a look at the big picture, our leaders need to have the foresight to build the future of economic development and be able to tie the community together, but where is the water to do that?" House said. At the meeting Knight called for more cooperation between non-Indians and Native Americans when it comes to water issues in the arid Southwest. "How can we do this side by side, you and me. The Creator -- the Sky -- rains down on Mother Earth who lets rain seep out for all of us to use," he said. The Associated Press contributed to this report. |
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