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WSP08807
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Last modified
1/26/2010 2:49:44 PM
Creation date
10/12/2006 3:17:20 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />43 <br /> <br />252,000 acre-feet.111 Conflicting Interior Department Solicitor's General opinions exist <br /> <br /> <br />on the issue.ll2 Could it be that the NIIP legislation quantified the Navajo Winters <br /> <br /> <br />right without specifying a quantity? It seems unlikely. <br /> <br />Two other points, drawn from outside NIIP's legislative record, contradict the notion <br /> <br /> <br />that Congress quantified Navajo Winters rights in the course of discussing and <br /> <br /> <br />authorizing NIIP. Congressman Wayne Aspinall of Colorado chaired the House <br /> <br /> <br />Committee on Interior and Insular Affairs while NllP was under discussion, The <br /> <br />House committee did not report a NIIP bill out until 1961 because of Aspinall's <br /> <br /> <br />concern that the project, along with the Chama Diversion, jeopardized his favored <br /> <br /> <br />project, the Animas-La Plata project. Thus he was the chief congressional force <br /> <br />behind section 12(a), holding up NIIP's passage until a bill included it.ll3 He <br /> <br /> <br />repeatedly asked witnesses before the House Subcommittee on Irrigation and <br /> <br /> <br />Reclamation if the Navajo were limiting their requests for water to what they got with <br /> <br />NllP. Indeed, the portions of the record that support most strongly the argument that <br /> <br /> <br />NIIP represents quantification of Navajo Winters rights were created by Aspinall. So if <br /> <br /> <br />it is possible to say that Congress intended to quantify Navajo Winters rights with <br /> <br /> <br />NIIP, Aspinall would be the author of that intent. <br /> <br />l11There is even the possibility of another consumptive use figure of 238,000 acre- <br />feet, with sprinklers. Id. at 4. The differing figures are explained further in Jacobsen, <br />supra. note 29 at 171-172, <br /> <br />112The differing Solicitor's General opinions are explained further in Id. at 171-177. <br /> <br />113~ M. Lawson, "The Navajo Indian Irrigation Project: Muddied Past, Clouded <br />Future," 1976 The Indian Historian 19-29 (1976). <br />
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