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<br />. <br /> <br />. <br /> <br />Ms. Carol DeAngelis <br />February 19, 2004 <br />Page 4 . <br /> <br />Water Decletions from the San Juan River Basin <br /> <br />The State of New Mexico has not agreed that the Navaio Nation has the right to deplete <br />280,600 acre-feet or 270,000 acre-feet of water per year from the flaw of the San Juan River <br />far use on the Navajo Indian Irrigation Project (see the Draft Opinion at page 8 and at Tables 1 <br />and 2). The 280,600 acre-feet per year depletion amount for the project was determined by <br />the Bureau of Indian Affairs (Bureau) and approved by the Service in the 1999 Biological <br />Opinion for the project, without consultation with the State of New Mexico. Nor does the State <br />of New Mexico agree with the baseline depletion amounts presented in the Draft Opinion at <br />Table 1. The Commission has repeatedly over the past several years objected to the depletion <br />amounts used by Reclamation and the Bureau to represent baseline depletions in the San <br />Juan River Basin hydrology model, including in the version of the model used to evaluate flows <br />in the Program's flow recommendations report and subsequent federal water project <br />consultations with the Service under section 7 of the Act: Reasons for the Commission's <br />objections include, but are not limited to, water rights. available water supplies, depletion <br />methodologies, and state water administration. The Commission strenuously objects to the <br />different standards used by the federal agencies for quantifying depletions in Colorado and <br />New Mexico, and to inconsistencies in quantifying federal and non-federal water uses and <br />Indian and non-Indian uses. <br /> <br />There is a disconnect between the consultations occurring among federal agencies and the <br />state agencies that are responsible for administration of water rights and management of water <br />resources within their states. Via copy of this letter to the Service and the Bureau, the <br />Commission requests of Reclamation, the Service and the Bureau that the Commission be <br />included in discussions regarding water use, water rights, water administration or water <br />management within the San Juan River Basin as such matters arise in consultations under the <br />Act. Jr:clusicn of the Stete of New Mexico in such discussions would improve the quality and <br />accuracy of biological opinions for water projects in the Basin, increase cooperation between <br />the federal agencies and the State, and better promote cooperation toward accomplishing the <br />goals of the Program. The State Engineer and the Commission cannot be expected to <br />recognize determinations made by federal agencies that are inconsistent with law. <br /> <br />Shortaoe Shari no durina Extreme DrouQht Conditions <br /> <br />The Draft Opinion at page 10 generally describes procedures and principles for implementing <br />the recommendations for San Juan River administration for 2003 that were endorsed by the <br />major water users on the San Juan River in New Mexico and accepted by Reclamation and the <br />New Mexico State Engineer. A similar set of recommendations for operating Navajo Dam and <br />administering water uses from the San Juan River in New Mexico is being considered for <br />2004. Nothing in such annual cooperative agreements among water users is binding In future <br />years on either them or water management agencies. The water users agreed to procedures <br />for computing shortages and distributing limited water supplies among users for the particular <br /> <br />8EI-, 810/ZIO.d E91-1 <br /> <br />/)01375 <br />I0908vZOl8 NOI1JNnr ONVij~ J'O V3iV OJ Nij31S3M ij08.-WOJ, W"8Z:80 VOOZ-BO-J"~ <br />