Indian Trust Assets. Indian Trust Assets (ITA) are legal interests in property or rights held in trust by the Federal government for federally recognized Indian tribes or individual Indians. Trust status originates from rights imparted by treaties, statutes, or executive orders. Examples of ITAs include lands, minerals, instream flows, water rights, and hunting and fishing rights. A defining characteristic of an ITA is that such an asset cannot be alienated, sold, leased, or used for easements without approval from the United States. No ITAs have been identified within the project area, and no impacts are anticipated. Neither alternative would affect land, minerals, instream flows, water rights, or hunting and fishing rights.
Indian Trust Assets. The Ute Mountain Ute Tribe (UMU) has senior water right to 21,000 af of direct diversion water from the Mancos River System for irrigation of 7,200 ac of lands, based upon their Treaty settlement. In 1988 with the signing of Public Law 100-585, the Colorado Ute Indian Water Rights Settlement Act, the UMU agreed to subordinate those rights to all rights on the Mancos River with adjudication dates prior to 1985. In return, the United States gave the UMU an assured long-term water supply from the Xxxxxxx Project The three proposed carriage contract water rights have adjudication dates of 1893 and therefore subordinate the UMU water rights. No other Indian Trust Assets are known to be effected by the Mancos Projects operations or the proposed implementation of these carriage contracts.
Indian Trust Assets. Indian Trust Assets (ITAs) are legal interests in property or rights held in trust by the U.S. for Indian Tribes or individuals. Trust status originates from rights imparted by treaties, statutes, or Executive Orders. These rights are reserved for or granted to tribes. A defining characteristic of an ITA is that such assets cannot be sold, leased, or otherwise alienated without federal approval. Indian reservations, rancherias, and allotments are common ITAs. Allotments can occur both within and outside of reservation boundaries and are parcels of land where title is held in trust for specific individuals. Additionally, ITAs include the right to access certain traditional use areas and to perform certain traditional activities. Reclamation’s ITA database was searched for this project, and it was determined that no ITAs are located within the refuge areas (Xxxxx, 2000). Therefore, implementation of the Proposed Action will not affect ITAs.
Indian Trust Assets. Comment L1: The Southern Ute Indian Tribe expressed concerns with the ITA analysis in the EA. There is a need for clear distinction between the Pine River Irrigation District and the Pine River Indian Irrigation Project water rights, Project area, and irrigated land. Need to be clear which water is converted. Question is not whether ITAs are significantly affected but whether they are affected at all. The Southern Ute Tribe cannot but conclude that the Proposed Alternative will most probably affect ITAs. The Tribe is concerned that in some years their water supply may be adversely affected; however, the Tribe suggests that negative impacts may be avoided by new, improved reservoir accounting methods agreed upon by the District and the Tribe. Serving water upstream from Vallecito may impact the filling of the Tribe’s portion of Vallecito without an improved reservoir accounting method. To seek to determine the answer to this issue conclusively, Reclamation must consult with the BIA, together with the Tribe, and revise the draft EA with appropriate hydrologic analysis. The Tribe must be granted a reasonable period to review this revised EA. Response L1: The Tribe’s water in the Pine River Project will not be reduced in any amount due to this Contract. Clarification has been added to the EA to identify water to be made available for miscellaneous uses as “District water” and an explanation how the District accounts for the Tribe’s 1/6 portion of Project water is included. The hydrology and operations analysis has been revised to show that the Tribe’s water is not included in the water that would be used for miscellaneous uses and would not be used to restore water released for miscellaneous uses (See Appendix F). While Reclamation has concluded that the Contract would not impact the Southern Ute Indian Tribe's water, it is noted here that the Tribe does not fully concur with this conclusion. The Tribe does believe however that any negative impact may be avoided through new, improved reservoir accounting methods agreed upon by the District and the Tribe. The District and the Tribe have initiated discussions regarding the accounting system. Given the scope and nature of the action as presented in the EA, Reclamation has determined that there would be no impact to Tribal water recources or other ITA's. To date, the amount of upstream water use has been insignificant; however, the District is agreeable to improving the reservoir accounting procedures to avoid any...
