Home > 106th Congressional Bills > S. 2508 (rs) To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to provide for a final settlement of the claims of the Colorado Ute Indian Tribes, and for other purposes. [Reported in Senate] ...

S. 2508 (rs) To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to provide for a final settlement of the claims of the Colorado Ute Indian Tribes, and for other purposes. [Reported in Senate] ...


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                                                       Calendar No. 723
106th CONGRESS
  2d Session
                                S. 2508

To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to 
provide for a final settlement of the claims of the Colorado Ute Indian 
                    Tribes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2000

Mr. Campbell (for himself, Mr. Allard, and Mr. Domenici) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                             July 26, 2000

              Reported by Mr. Campbell, without amendment

                             July 26, 2000

 Referred to the Committee on Energy and Natural Resources pursuant to 
the order of June 23, 2000, for a period not to exceed 30 calendar days

                             July 26, 2000

  Committee on Energy and Natural Resources discharged ursuant to the 
           order on June 23, 2000, and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Colorado Ute 
Settlement Act Amendments of 2000''.
    (b) Findings.--Congress makes the following findings:
            (1) In order to provide for a full and final settlement of 
        the claims of the Colorado Ute Indian Tribes on the Animas and 
        La Plata Rivers, the Tribes, the State of Colorado, and certain 
        of the non-Indian parties to the Agreement have proposed 
        certain modifications to the Colorado Ute Indian Water Rights 
        Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973).
            (2) The claims of the Colorado Ute Indian Tribes on all 
        rivers in Colorado other than the Animas and La Plata Rivers 
        have been settled in accordance with the provisions of the 
        Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
        Law 100-585; 102 Stat. 2973).
            (3) The Indian and non-Indian communities of southwest 
        Colorado and northwest New Mexico will be benefited by a 
        settlement of the tribal claims on the Animas and La Plata 
        Rivers that provides the Tribes with a firm water supply 
        without taking water away from existing uses.
            (4) The Agreement contemplated a specific timetable for the 
        delivery of irrigation and municipal and industrial water and 
        other benefits to the Tribes from the Animas-La Plata Project, 
        which timetable has not been met. The provision of irrigation 
        water can not presently be satisfied under the current 
        implementation of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) and the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (5) In order to meet the requirements of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and in particular 
        the various biological opinions issued by the Fish and Wildlife 
        Service, the amendments made by this Act are needed to provide 
        for a significant reduction in the facilities and water supply 
        contemplated under the Agreement.
            (6) The substitute benefits provided to the Tribes under 
        the amendments made by this Act, including the waiver of 
        capital costs and the provisions of funds for natural resource 
        enhancement, result in a settlement that provides the Tribes 
        with benefits that are equivalent to those that the Tribes 
        would have received under the Colorado Ute Indian Water Rights 
        Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973).
            (7) The requirement that the Secretary of the Interior 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and other national environmental laws 
        before implementing the proposed settlement will ensure that 
        the satisfaction of the tribal water rights is accomplished in 
        an environmentally responsible fashion.
            (8) Federal courts have considered the nature and the 
        extent of Congressional participation when reviewing Federal 
        compliance with the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (9) In considering the full range of alternatives for 
        satisfying the water rights claims of the Southern Ute Indian 
        Tribe and Ute Mountain Ute Indian Tribe, Congress has held 
        numerous legislative hearings and deliberations, and reviewed 
        the considerable record including the following documents:
                    (A) The Final EIS No. INT-FES-80-18, dated July 1, 
                1980.
                    (B) The Draft Supplement to the FES No. INT-DES-92-
                41, dated October 13, 1992.
                    (C) The Final Supplemental to the FES No. 96-23, 
                dated April 26, 1996;
                    (D) The Draft Supplemental EIS, dated January 14, 
                2000.
    (c) 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; 102 
        Stat. 2973).
            (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; 102 Stat. 2973).
            (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; 
        102 Stat. 2974).
            (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; 
        102 Stat. 2974).

SEC. 2. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN WATER RIGHTS 
              SETTLEMENT ACT OF 1988.

    Subsection (a) of section 6 of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975) is amended 
to read as follows:
    ``(a) Reservoir; Municipal and Industrial Water.--
            ``(1) Facilities.--
                    ``(A) In general.--After the date of enactment of 
                this subsection, but prior to January 1, 2005, the 
                Secretary, in order to settle the outstanding claims of 
                the Tribes on the Animas and La Plata Rivers, acting 
                through the Bureau of Reclamation, is specifically 
                authorized to--
                            ``(i) complete construction of, and operate 
                        and maintain, a reservoir, a pumping plant, a 
                        reservoir inlet conduit, and appurtenant 
                        facilities with sufficient capacity to divert 
                        and store water from the Animas River to 
                        provide for an average annual depletion of 
                        57,100 acre-feet of water to be used for a 
                        municipal and industrial water supply, which 
                        facilities shall--
                                    ``(I) be designed and operated in 
                                accordance with the hydrologic regime 
                                necessary for the recovery of the 
                                endangered fish of the San Juan River 
                                as determined by the San Juan River 
                                Recovery Implementation Program;
                                    ``(II) include an inactive pool of 
                                an appropriate size to be determined by 
                                the Secretary following the completion 
                                of required environmental compliance 
                                activities; and
                                    ``(III) include those recreation 
                                facilities determined to be appropriate 
                                by agreement between the State of 
                                Colorado and the Secretary that shall 
                                address the payment of any of the costs 
                                of such facilities by the State of 
                                Colorado in addition to the costs 
                                described in paragraph (3); and
                            ``(ii) deliver, through the use of the 
                        project components referred to in clause (i), 
                        municipal and industrial water allocations--
                                    ``(I) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Southern Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(II) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Ute Mountain Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(III) with an average annual 
                                depletion not to exceed 2,340 acre-feet 
                                of water, to the Navajo Nation for its 
                                present and future needs;
                                    ``(IV) with an average annual 
                                depletion not to exceed 10,400 acre-
                                feet of water, to the San Juan Water 
                                Commission for its present and future 
                                needs;
                                    ``(V) with an average annual 
                                depletion of an amount not to exceed 
                                2,600 acre-feet of water, to the 
                                Animas-La Plata Conservancy District 
                                for its present and future needs;
                                    ``(VI) with an average annual 
                                depletion of an amount not to exceed 
                                5,230 acre-feet of water, to the State 
                                of Colorado for its present and future 
                                needs; and
                                    ``(VII) with an average annual 
                                depletion of an amount not to exceed 
                                780 acre-feet of water, to the La Plata 
                                Conservancy District of New Mexico for 
                                its present and future needs.
                    ``(B) Applicability of other federal law.--The 
                responsibilities of the Secretary described in 
                subparagraph (A) are subject to the requirements of 
                Federal laws related to the protection of the 
                environment and otherwise applicable to the 
                construction of the proposed facilities, including the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), the Clean Water Act (42 U.S.C. 7401 et 
                seq.), and the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.). Nothing in this Act shall be 
                construed to predetermine or otherwise affect the 
                outcome of any analysis conducted by the Secretary or 
                any other Federal official under applicable laws.
                    ``(C) Limitation.--
                            ``(i) In general.--If constructed, the 
                        facilities described in subparagraph (A) shall 
                        not be used in conjunction with any other 
                        facility authorized as part of the Animas-La 
                        Plata Project without express authorization 
                        from Congress.
                            ``(ii) Contingency in application.--If the 
                        facilities described in subparagraph (A) are 
                        not constructed and operated, clause (i) shall 
                        not take effect.
            ``(2) Tribal construction costs.--Construction costs 
        allocable to the facilities that are required to deliver the 
        municipal and industrial water allocations described in 
        subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall be 
        nonreimbursable to the United States.
            ``(3) Nontribal water capital obligations.--Under the 
        provisions of section 9 of the Act of August 4, 1939 (43 U.S.C. 
        485h), the nontribal municipal and industrial water capital 
        repayment obligations for the facilities described in paragraph 
        (1)(A)(i) may be satisfied upon the payment in full of the 
        nontribal water capital obligations prior to the initiation of 
        construction. The amount of the obligations described in the 
        preceding sentence shall be determined by agreement between the 
        Secretary of the Interior and the entity responsible for such 
        repayment as to the appropriate reimbursable share of the 
        construction costs allocated to that entity's municipal water 
        supply. Such agreement shall take into account the fact that 
        the construction of facilities to provide irrigation water 
supplies from the Animas-La Plata Project is not authorized under 
paragraph (1)(A)(i) and no costs associated with the design or 
development of such facilities, including costs associated with 
environmental compliance, shall be allocable to the municipal and 
industrial users of the facilities authorized under such paragraph.
            ``(4) 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 used 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).
            ``(5) Repayment of pro rata share.--Upon a Tribe's first 
        use of an increment of a municipal and industrial water 
        allocation described in paragraph (4), or the Tribe's first use 
        of such water pursuant to the terms of a water use contract--
                    ``(A) repayment of that increment's pro rata share 
                of those allocable construction costs for the Dolores 
                Project shall be made by the Tribe; and
                    ``(B) the Tribe shall bear a pro rata share of the 
                allocable annual operation, maintenance, and 
                replacement costs of the increment as referred to in 
                paragraph (4).''.

SEC. 3. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    Section 6 of the Colorado Ute Indian Water Rights Settlement Act of 
1988 (Public Law 100-585; 102 Stat. 2975) is amended by adding at the 
end the following:
    ``(i) Compliance With the National Environmental Policy Act of 
1969.--
            ``(1) Authority.--Nothing in this Act shall be construed to 
        alter, amend, or modify the authority or discretion of the 
        Secretary or any other Federal official under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other Federal law.
            ``(2) Determination of congress.--Subject to paragraph (3), 

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