Colorado Politics

Tribal leaders urge changes in sports betting, water rights in first Colorado legislature address

For the first time in state history, leaders of Colorado’s Ute Mountain Ute Tribe and Southern Ute Indian Tribe gathered at the state Capitol on Wednesday to present their needs to the legislature. 

The occasion marks the inaugural address from Colorado’s two federally recognized tribes to the state House and Senate, as mandated by Senate Bill 105. The bill requires legislative leaders to invite representatives from the tribes to the Capitol each year to improve communication between tribal governments and the state legislature. 

Colorado is the first state in the nation to mandate an annual legislative address from tribal leaders, according to former Sen. Kerry Donovan, D-Vail, who sponsored the bill. 

“We as the Ute people have lost a lot over time up to present day,” said Manuel Heart, chairman of the Ute Mountain Ute Tribe. “We all claim these lands as our homeland, but let us look at the past history and what has been taken away. All those lost opportunities we shall address, and we shall address them today while looking toward future opportunities.” 

The Ute Mountain Ute Tribe is a sovereign nation with over 2,000 members, headquartered in Towaoc in Montezuma County in southwest Colorado. The Southern Ute Indian Tribe is also sovereign, located in Ignacio in La Plata County with around 1,400 members. 

During Wednesday’s address, both tribes spoke of their histories as the oldest residents of Colorado whose land and people were gradually whittled down over the years, but whose spirit remains strong. They advocated for legislative changes that would support them in building back up – including allowing tribal casinos to participate in online sports betting, as other casinos in the state are permitted to. 

“We are asking you to resolve the issue this session through legislation to rectify the inequity,” said Melvin J. Baker, chairman of the Southern Ute Indian Tribe. “In 2019, this legislature passed House Bill 19-1327, an act authorizing sports betting. Even though the tribes each operate a casino, there was no consultation with the tribes during the passage of that legislation.” 

Heart added: “All the profits from our casino are used to ensure that we have tribal programs for our two tribal communities. … When the Ute Mountain Ute Tribe succeeds, so do the surrounding communities and towns.” 

Baker and Heart also both spoke about codifying water rights for the tribes, as the Colorado River Compact dividing the use of the waters was first negotiated among governments before Native Americans were recognized as United States citizens. Most tribes also do not have a vote in current water rights negotiations, they said, though they serve as consultants.  

Heart said the Ute Mountain Ute Tribe has been hit particularly hard by drought conditions in the last three years, currently facing a water allocation of only one and a half inches of water per acre of land. He also said they have no water delivery system. 

“Water is a very precious resource for all of us,” Heart said. “To ensure its future protection, tribes and the state of Colorado need to work together to protect our water rights.” 

Other issues the tribes asked to be addressed by the legislature include expanding hunting areas, repatriating remains of their ancestors, accepting tribal IDs as official forms of identification for voting, and adding Native American history to required public school curriculum. 

Aside from presenting their legislative priorities, the tribes informed the legislature of their accomplishments. For example, both tribes are the largest employers in their respective counties, the Ute Mountain Ute Tribe established Colorado’s first state charter school on reservation land, and the Southern Ute Indian Tribe is in the process of completing a $60 million plan to provide broadband access to the local community. 

The tribes also celebrated the passage of Senate Bill 21-116 in 2021 – prohibiting the use of Native American mascots by public schools; and Senate Bill 22-150 in 2022 – creating an emergency alert system for missing Indigenous people and creating the Office of Liaison for Missing and Murdered Indigenous Relatives. 

“When we look at other states, we often see friction between the states and the tribes in its borders, but not in Colorado. Colorado is the leader among all states when it comes to honoring the tribal-state relationship,” Baker said. “But I ask that when you consider legislation this session and in future sessions, you ask yourself what effect will this have on the Ute Tribes and those they govern.” 

Last year, the legislature also passed laws to include tribal governments in state programs, create a $5 million grant program to fund capital improvements for tribal behavioral health facilities, and to research the abuse and deaths that occurred at federal Indian boarding schools in Colorado. 

Senate President Steve Fenberg, D-Boulder, and Majority Leader Dominick Moreno, D-Commerce City, celebrated Wednesday’s address, calling it an “honor” for the legislature.

“Today’s address marks an historic step forward in strengthening our partnership with Colorado’s tribes,” Fenberg and Moreno said in a statement. “At the outset of our session to build a better Colorado for all, today’s remarks are a welcome time for reflection on the nature of Colorado’s relationship with our tribal partners, and an opportunity to recommit ourselves to earnest collaboration moving forward.” 

State lawmakers voted 80-15 in support of Senate Bill 105 creating the annual address from tribal leaders, with five lawmakers absent. All 15 lawmakers who voted against the bill were Republicans – though opponent Sen. Kevin Priola of Henderson changed his affiliation to Democrat four months later. 

Gov. Jared Polis signed the bill into law on April 11. Polis declared the day “Ute Day at the Capitol” in a proclamation, saying “Colorado endeavors to maintain strong, respectful relationships between Colorado’s sovereign Tribal Nations with whom we share this state and whom will always call Colorado home.”

In addition to the two federally recognized tribes, there are 46 other Historic Tribes of Colorado, according to the Colorado Commission of Indian Affairs. 

Chairman Manuel Heart of the Ute Mountain Ute Tribe (left) and Chairman Melvin J. Baker of the Southern Ute Indian Tribe (right) in the Colorado House chamber on Wednesday, Jan. 11, 2023 for the first annual tribal address to the state legislature. 
By HANNAH METZGER
hannah.metzger@coloradopolitics.com

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