The Southern Ute Indian Tribe plans to begin drawing water from Lake Nighthorse this summer, becoming the first entity to use the reservoir for non-testing purposes since the reservoir’s completion in 2009.
The Southern Ute Tribal Council approved the annual use of a portion of its Animas-La Plata Project water in Lake Nighthorse for “future industrial uses,” including energy development, in February 2024, according to the tribal newspaper, The Southern Ute Drum.
“This is a historic and exciting moment for the Southern Ute Indian Tribe – the Tribe is finally utilizing some of its ALP water rights that it has fought for over a long period,” the Drum reported. “The Tribe plans to continue developing its water resources for the benefit of the Tribe and its members in the future.”
The Drum did not specify when the tribe would begin drawing water, only that activities would take place this summer. The tribe did not respond to multiple requests for comment on specifics.
Lake Nighthorse stores 123,541 acre-feet of water. The tribe holds a 44,662 acre-foot annual allocation from the A-LP, with 38,108 acre-feet stored in Lake Nighthorse, according to a U.S. Bureau of Reclamation spokesperson.
The tribe’s claim represents about 35% of the water stored in the reservoir, according to the Drum.
The tribe currently uses 6,553 acre-feet annually from its Animas River allocation under the A-LP, according to the Bureau of Reclamation.
A Bureau of Reclamation spokesperson said reliable water access is crucial for the tribe’s growth and the well-being of its members. All A-LP water is classified for municipal and industrial use and “provides valuable water resources that enhance the Southern Ute Indian Tribe’s ability to foster economic development, and preserve cultural traditions.”
Construction started on Lake Nighthorse began in 2001, and the reservoir started filling in 2009. It was filled for the first time in 2011, according to the Bureau of Reclamation. The A-LP, which facilitated the construction of Lake Nighthorse, was authorized by the Colorado Basin Project Act of 1968. The Colorado Ute Settlement Act Amendments of 2000 helped advance the project and allow for its completion.
Lake Nighthorse had never been tapped for water use before a test by the San Juan Water Commission in New Mexico, conducted to gauge operational factors such as how long it takes water to reach diversions.
The tribe is positioned to become the first entity to fully use its water rights at Lake Nighthorse. The Drum reported that the Southern Ute Department of Energy will oversee the project, and the Southern Ute Permanent Fund will ensure the water is used in line with the tribe’s water rights and allocations, and will approve metering equipment.
SUIT must pay operation and maintenance fees when it draws water from Lake Nighthorse. Those fees will help fund maintenance of the A-LP, according to the Drum.
A Bureau of Reclamation spokesperson said in an email to The Durango Herald that A-LP participants pay pro rata annual costs tied to their water allocations.
“The proceeds collected from the use of this water will fund the operations and maintenance costs for the ALP system and provide for future improvements to dilapidated water infrastructure across the Reservation, including irrigation infrastructure,” the Drum said.
Water will be transported via lay-flat lines, which will only be laid within “previously disturbed access road or pipeline right-of-way corridors,” reducing environmental impacts, the Drum said.
Gov. Jared Polis and Sens. Michael Bennet and John Hickenlooper called on the Bureau of Reclamation in October to give tribal nations the opportunity to apply for drought and water supply management funding.
They spoke out after learning the Southern Ute and the Ute Mountain Ute tribes were ineligible for compensation under Inflation Reduction Act for A-LP water delivery.
“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 officials wrote in a letter to the Bureau of Reclamation.
The city of Durango, which also holds water in Lake Nighthorse, has considered building a pipeline to move water from its allocation to Terminal Reservoir. The added access would improve the city’s water resiliency.
cburney@durangoherald.com
