WSP10769

• File Number: 8220.105
• Description: Colorado River-Water Projects-Navajo
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 7/1/2001
• Author: BOR
• Title: Revised Draft Environmental Assessment for the Jicarilla Apache Nation Water Subcontract-aka USBR/PNM Water Contract Renewal and Extension
• Water Supply Pro - Doc Type: Report/Study

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. IT As cannot be sold, leased, or otherwise alienated without the United States approval. While most
ITAs are located on the reservation, they also can be located off-reservation. Examples of things that
could be IT As include lands, minerals. water rights, hunting and fIshing rights, other natural
resources, money or claims. In addition, Native American Graves Protection and Repatriation Act
(NAGPRA) cultural items and other cultural property may be considered IT As.

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. Legal interest means there is a property interest for which a legal remedy, such as compensation or
injunction, may be obtained if there is improper interference. ITAs do not include things in which a
tribe or individuals have no legal interest. For example, off-reservation sacred sites in which a tribe
has no legal property interest are generally not considered IT As.

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6.5.1 Significance Criteria for IT As

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An action that will impact the value. use of, or enjoyment of an ITA is considered significant. For
example, actions that result in interference with the exercise of a reserved water right or in degradation of
water quality where there is a water right, reduce the value or alter tribal lands, impact hunting and fishing
rights or impact cultural resources on Trust lands would be significant impacts to ITAs.

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6,5.2 Impacts of the Proposed Action

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Using the above definitions, water rights and the use of those rights for tribal purposes are the primary
IT As potentially being affected by this water subcontract. These are discussed below.

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Four Native American Tribes have adjudicated and nonadjudicated water right claims to waters of the San
Juan River. They are the Jicarilla Apache Nation, the Navajo Nation, the Ute Mountain Ute Tribe, and
Southem Ute Indian Tribe.

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Under a partial fi.nal decree in the San Juan River adjudication, the Jicarilla Apache Nation has a reserved
water right for historic and existing uses not to exceed an annual diversion of 5,682.92 AF or the quantity
of water necessary to supply a depletion of2.194.58 AF, whichever is less, and a net evaporation of
2.187.] 6 AF. In addition, the 1992 Jicarilla Apache Tribe Water Rights Settlement Act authorizes 25,500
AF per year depletion from the Navajo Reservoir Supply and 6,500 AF per year depletion from the San
Juan-Chama Project. The Act allows the Jicarilla Apache Nation to market water through third party
contracts. Consistent with the Act, the Depanment of Interior has obligated itself to work with the Tribe
to find sufficient San Juan River water to meet future use needs and contracts of the Tribe. Only the
reserved water rights for historic and existing uses and San Juan-Chama Project water are within the
environmental baseline (baseline) used by the USFWS in recent Section 7 consultations in the San Juan
River Basin.

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The Navajo Nation has substantial quantities of water resource IT As in the San Juan River Basin, based
on historic use and reserved water rights (Winters Doctrine rights): however, reserved rights have not
been quantified in the New Mexico courts. Baseline reservation usage is 30 I ,499 AF per year (including
280,600 AF per year for the Navajo Indian Irrigation Project, 12, I 00 AF per year for the Hogback
Project. 7,898 AI' per year for the Fruitland Project. and 900 AF per year for the Cudei Project). There are
2.340 AF per year for the Navajo Nation included in the baseline depletions for the Animas-La Plata
Project.

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