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• Board Meeting Date: 1/27/2004
• Description: WSP Section - Navajo Nation Federal Reserved Water Right Settlement with the State of New Mexico
• Board Meetings - Doc Type: Memo

Agenda Item 29
January 27-28, 2004 Board Meeting
Page 2 of2

agreement and may have additional claims that would have to be "offset" by corresponding
reductions in use by the Navajo Nation.
2. Under the settlement agreement, the Navajo Nation would administer rights on Navajo Lands
subject to non-impairment of non-Navajo water rights. We are concerned that if this clause is
not tightly written, that it could open up interstate water marketing, given that Navajo lands are
located in several states. The fact that transfers of water by the Navajo Nation to non-Navajo
lands are subject to approval by the New Mexico State Engineer lends some comfort, but may
not be adequate to avoid the issue and uphold the integrity of the compact.
3. The increased use of water and additional water development in the Little Colorado River (LCR)
could adversely impact the population of Humpback: Chub (HBC) in the LCR. No mention of
HBC in the LCR is noted in the documents that I can see. We feel that it would be appropriate to
at least acknowledge this fact. As we have discussed during the Glen Canyon Adaptive
Management Program, a recovery program for the Colorado River and its tributaries between
Glen Canyon Dam and the high water line on Lake Mead would be a good thing and this may be
a good opportunity to help establish such a program given that the HBC population in the LCR is
pivotal to recovery.
4. We are aware that the Ute Tribes have some lands in New Mexico and this settlement may
foreclose development potential on those lands. Much as Navajo's derived some considerations
for lands that could be serviced by the Animas-La Plata Project, the Colorado Ute Tribes may
deserve similar consideration in this settlement process.
5. Given the comments New Mexico, Navajo's and Jicarilla provided on Long Hollow Reservoir,
we should respond in kind that this settlement could also impact federal trust responsibilities to
Ute tribal lands.

Conclusion and Recommendation

We suggest that the above comments be forwarded to federal agencies, New Mexico and tribal
interests in the San Juan basin.

Attachments

Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning