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<br />32 <br /> <br />But is the shortage-sharing provision really quantification of Navajo rights, and if so- <br /> <br /> <br />the language on its face significantly omits any mention of quantity-at what amount? <br /> <br /> <br />The answer that relies on all of the statutory language relevant to Winters claims and <br /> <br /> <br />that pushes the meaning of that language to its logical ends, given the record, is that <br /> <br /> <br />Navajo claims are indeed quantified at the NIIP allocation. as This is the logical <br /> <br /> <br />implication of the rationale for the provision, combined with section 12(a) and the <br /> <br /> <br />physical and legal availability of water in the river. <br /> <br />According to New Mexico estimates, approximately 112,000 acre-feet of water a year <br /> <br />was available, or not yet committed, out of New Mexico's compact entitlement for <br /> <br /> <br />M&I uses when NIIP was under discussion.86 The tribe hoped that industry would <br /> <br />850ther answers are possible but are not discussed fully here. One is that the <br />shortage-sharing provision does quantify Navajo claims, but at New Mexico's entitlement, <br />given section 12(a). This interpretation agrees with much of the criticism of the answer <br />addressed fully in the text, but goes on to say that New Mexico allocations of San Juan <br />water to non-Indians prior to NIIP are invalid and should be overturned. An analysis of <br />this issue is beyond the scope of this article. A second alternative answer, the most far- <br />reaching of all, is that the shortage-sharing provision did not quantify Navajo claims <br />because the whole river is Navajo, another issue beyond the scope of this article. This <br />interpretation also requires a decision about the validity of section 12(a)'s limit on <br />meeting Indian claims with NIlP and San Juan-Chama project works, also beyond the <br />scope of this article. <br /> <br />861n 1958, New Mexico State Engineer Reynolds estimated New Mexico's entitlement <br />under the compacts at 838,000 acre-feet a year. Of that, 237,000 acre-feet were <br />committed to current and authorized uses. NI1P and San Juan-Chama would use an <br />additional 362,000 acre-feet. That left "available for future developments" 238,000 acre- <br />feet. Senate Hearin8 1958. ~ note 17 at 86. By 1959, the State Engineer had added <br />39,000 acre-feet to present and authorized uses, leaving 200,000 acre-feet a year "available <br />for future developments." Of this, 112,500 were mentioned for "municipal and industrial <br />water. The Animas-La Plata Project in New Mexico was to take 33,000 acre-feet. All this <br />left about 20,000 acre-feet for unnamed uses. Senate Hearine 1959. ~ note 17 at 19. <br />The State Engineer used the same figures in testimony before the House the following <br />year. House Hearin8 1960. ~ note 41 at 78. See also Senate Hearini 1961. .mlIDl <br />note 17 at 49. Reynolds's figure of 838,000 acre-feet was, as it is now known, <br /> <br />$; <br /> <br />'01 <br />~?-:; <br />Sf1 <br />';'- <br />