Senate delays vote on A-LP

Senate delays vote on A-LP

Oct. 21, 2000

By Janelle Holden
Journal Staff Writer

Senators debated and then delayed a vote on the Animas-La Plata reservoir project on Thursday, leaving little room for the House to take up the measure before Congress adjourns.

If passed, the $278 million project would establish a reservoir south of Durango to fulfill treaty obligations for water rights promised to the Ute tribes in 1868. A larger project, authorized by Congress in 1968 for $750 million, has been tied up in litigation and complicated environmental studies for the past 30 years.

The measure is nicknamed "Animas Lite," because the bill’s primary sponsor, Sen. Ben Nighthorse Campbell, has had to scale back the size and cost of the project to satisfy environmental critics who charge that it is too costly and impractical.

The project would require an intake plant to pump water from the Animas River, close to 200 feet uphill, for storage at an off-site reservoir in Ridges Basin. Under the bill, the Utes would be responsible for funding water-delivery systems to their land.

About 35 percent, or 19,010 acre-feet, of the water held in the reservoir would be stored for use by non-tribal interests.

On Thursday, Sen. Russ Feingold argued on the Senate floor that the measure needed to be amended to ensure that the older project was deauthorized and non-Indian water-users paid a larger share of the project’s costs.

"It (this amendment) commits the federal government solely to the construction of a reservoir and protects the taxpayer," said Feingold. "It preserves the right of courts to review the project’s environmental compliance and it ensures that the non-tribal water recipients pay their fair share."

Campbell replied, "As the chairman of the Indian Affairs Committee, I can’t think of a worse precedent or message to send. In my view, we ought to be rewarding the non-Indian neighbors who have worked cooperatively with their Indian neighbors, not making them pay more money for their cooperation."

Campbell submitted letters from the state of Colorado, Gov. Bill Owens, the state attorney general, elected tribal governments of the Ute Mountain and Southern Ute Indian tribes, and the Native American Rights Fund opposing the Feingold amendment.

Feingold’s amendment would also formally cancel the larger A-LP project and allow for judicial review and future environmental assessments.

The Department of Interior issued a statement in favor of Feingold’s amendment, but also promised support of Campbell’s legislation if the amendment did not pass.

Campbell recently revised the language of the bill to meet the Department of Interior’s concerns. Specifically, Interior officials were concerned that the bill would not comply with environmental laws, did not adequately deauthorize the former project, and could force taxpayers to pay increases in construction costs.

Campbell and Sen. Wayne Allard both reinforced the importance of complying with the treaty.

"After 132 years, the time has come for the United States to finally, finally do the right thing and meet its treaty obligations,’’ said Allard.

"The United States has two choices when it comes to the Ute water rights: We can build the facilities needed to store water for the tribes or we can reallocate the water from those who are presently using it," Campbell agreed.

U.S. Rep. Scott McInnis told the Durango Herald that the vote’s delay will make it difficult to get the measure on the House floor before Congress adjourn to campaign full-time, especially since significant debates on appropriations measures are still looming.