WSP08807

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 10/26/1990
• Author: Judith Jacobsen
• Title: The Navajo Indian Irrigation Project and Quantification of Navajo Winters Rights
• Water Supply Pro - Doc Type: Report/Study

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Thus it is far from clear that the most informed members of Congress on NIIP had

the slightest idea of the nature of Navajo Winters rights, specifically that limiting

Winters claims to the NIIP allocation involved the sacrifice of a significant ponion of

their total claim. How, if this is true, is it possible for Congress to have formed the

intent, clearly and plainly expressed or otherwise, to quantify Navajo Winters claims?

It seems impossible for Congress to have appreciated the conflict between the full

scope of Navajo rights and the smaller claim granted by NIIP, as called for in.lliQn.

Another point goes to the issue of the formation of congressional intent. Congress

authorized NIIP in 1962, the year before the Supreme Court established a standard

for quantifying Indian Winters claims with Arizona v. California. Prior to Arizona v.

California. legally-protected Indian water rights consisted firmly only of a priority;

there was no basis for estimates of the size of claims. Indeed, the language of the

record is limited almost entirely to talk of priority. Whatever the logical implications

of relinquishment of priority, given surrounding water law and other sections of the

NIIP act, Congress could not have had quantification of Navajo Winters claims in its

collective mind when the only firm right that existed before 1962 was priority.

Another point from the record vitiates the argument for quantification. That is that in

various places throughout the record, concern is expressed that Navajo rights,

including water rights, be protected. James Haley of Florida, member of the