Ute voters fail to ratify water compact changes

FORT DUCHESNE, Uintah County — The membership of the Ute Indian Tribe has failed to ratify changes to the Ute Water Compact, prompting tribal leaders to schedule a meeting with their attorneys to discuss their options.

Curtis Cesspooch, chairman of the tribe's governing Business Committee, blamed low voter turnout for the Sept. 22 election on "confusion, harassment, intimidation and misinformation" spread by a group that opposes the water compact.

The compact has been in existence for over four decades. It was created to remove causes of "controversy over the quantification, distribution, and use of all waters claimed by or through the Ute Indian Tribe."

According to the Ute Constitution, one-third of the tribe's eligible voters must cast a ballot to make an election binding. Unofficial results from the water compact vote show that turnout for the well-publicized election fell short of meeting that mark by 108 votes. Those who did cast ballots overwhelming supported the compact by a margin of 267 to 93.

"We have had a lot of people asking us, 'What's the next step?'" Cesspooch said. "We have to get the official election results from the election commission and then talk to our attorneys so we will know how to proceed."

The election commission will meet with the Business Committee as soon as possible to certify the count, Cesspooch said.

While the tribe "does not lose anything" if the ratification election stands as is, it may not be able to do some things it would like to do with its water, said Business Committee member Irene Cuch.

One of the revisions in the compact would give the tribe authority to market 10,000 acre-feet of water from the Green River, she said.

"Our water is protected, we will never lose our rights," Cuch said. "It is just the fact that we won't be able to do other things with it, like the leasing of the water.

"Water is a renewable resource, it is like a goldmine," Cuch continued. "It is the future of our children and grandchildren. If tribal members had voted for it ... we would not have to go through the state or federal government (for approval) to market our water. I can't say what will happen now."

Cesspooch said it is important that Ute voters understand that although the tribe is a sovereign nation, it cannot move unilaterally when working with other governments.