OCR Text |
Show all or that part of the Uintah Project served from the Duchesne River and the townsite of Duchesne. Although certified by the State, a water right for this land is claimed under the " Winters Doctrine." Group 3 includes 1,115 acres of land that is or can be served from the Duchesne River through the facilities of the Uintah Indian Irrigation Project, a water right for which is claimed under the " Winters Doctrine." Group h includes 1,^ 80 acres of land which is productive and economically feasible to irrigate from privately constructed ditch systems ( now in operation or to be constructed) diverting water from the Duchesne River, for which a water right is claimed under the " Winters Doctrine." Group 5 includes 29,118 acres of land presently unirrigated which Indian studies demonstrate to be productive and economically feasible to irrigate. A water right to these lands is claimed under the " Winters Doctrine." The water rights claimed for Groups 3, k, and 5 lands have not been certified by the State Engineer. The acreages included in the tribal engineering consultant's report have since been modified to reflect townsite lands not previously included in the tabulations. As modified and as included in the Indian Agreement, approximately 36,^ 50 acres of Indian land could be served from the Duchesne River and its tributaries in the Bonneville Unit area. This total land area consists of l8,6l3 acres of Group 2, 1,115 acres of Group 3, 1,^+ 80 acres of Group k, and 15,21+ 2 acres of Group 5 lands. The Indian Deferral Agreement is an agreement among the Ute Indian Tribe, the Central Utah Water Conservancy District, and the United States, acting through the Bureau of Indian Affairs and the Bureau of Reclamation. ' 3 Among other things, the agreement provides for deferment of certain Indian water rights so that construction may proceed on the Bonneville Unit without objection from the Ute Tribe. The Ute Tribe entered into this agreement with full knowledge of the effect of deferring the development of some of their irrigable lands until a later date. The deferment does not constitute abandonment of water rights by the tribe, and the water will be replaced no later than January 1, 2005. Benefits that will accrue to the Indians through this agreement included the following: ( 1) The Indians presently have the first right to the river water and will not need a supplemental supply for their presently irrigated land. ( 2) Facilities will be provided under the Colorado River Storage Act to mitigate for losses of fish, wildlife, and recreation on the lands of the Ute Indian Tribe caused by the construction and operation of the Bonneville Unit. 555 |