WASHINGTON – The Ute Mountain Ute Tribe has tried to obtain compensation for water rights from the Inflation Reduction Act, but the Bureau of Reclamation has not acted.
U.S. Sens. John Hickenlooper and Michael Bennet, as well as Colorado Gov. Jared Polis, wrote a letter to the Bureau of Reclamation on Oct. 22 urging the bureau to work with the Ute Mountain Ute and Southern Ute tribes for alternative routes of funding, after they were not able to be compensated from the IRA.
“We strongly encourage you to explore other avenues for Colorado’s Tribal Nations to pursue funding related to drought response, recognizing that they are currently forgoing their water use not by choice, but resulting from a history of inequity reflected in their long-term lack of infrastructure,” the letter said.
Combined, the Ute Mountain Ute Tribe and Southern Ute Tribe hold about 33,000 acre-feet of water rights in Lake Nighthorse. Lawmakers provided funds only for the construction of the A-LP and not a delivery system in 2000. Without a pipeline out of Lake Nighthorse, water flows downstream. Since the tribes are not compensated for the water to which they are entitled, but do not use, lawmakers asked the Bureau of Reclamation to explore alternative routes of funding.
Sandy Day, chief of public affairs for the Bureau of Reclamation, pointed to funding for the Ute Mountain Ute Tribe for the Red Arrow Regulating Reservoir.
“Our most recent Tribal funding announcement includes $9.2 Million for Tribal water projects funded by the Inflation Reduction Act and annual appropriations,” Day said in a written statement to The Durango Herald. “Colorado River Basin Tribes, including the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah and the Ute Mountain Ute Tribe, were selected for exciting projects as part of that announcement.”
The Ute Mountain Ute Tribe received $278,434 from the Bureau of Reclamation to design the reservoir. But the money did not fund construction of the project.
Aside from receiving compensation for water rights, the Ute Mountain Ute Tribe also needs $500 million for a water delivery project for water from Lake Nighthorse, said Manuel Heart, chair of the Ute Mountain Ute Tribe.
“We would have to reintroduce legislation again, go back to Congress and ask for funding to put in a delivery system, just in Colorado,” Heart said. “And now, because of inflation, the price has almost doubled.”
The UMU Tribe could plausibly bypass Lake Nighthorse and let their water flow into the San Juan River, near Farmington. The tribe could divert the water where the San Juan crosses tribal lands.
However, once the water leaves Colorado, the state of New Mexico has rights to the water, unless an agreement or compact is created across state lines.
The city of Durango has also considered tapping Lake Nighthorse with a pipeline. The project is in the early stages of planning and designing, and alternative pipelines are being considered.
Hickenlooper introduced the Water Project Navigators Act in Congress in early September to designate a specific member of tribes to help get funding for water projects.
“Rural and Tribal communities deserve their fair share of federal funds to address drought, but all too often are left out,” Hickenlooper said in a written statement. “Our Water Project Navigators will help these communities get their share.”
Maria Tedesco is an intern for The Durango Herald and The Journal in Cortez and a student at American University in Washington, D.C. She can be reached at mtedesco@durangoherald.com.
