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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

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Municipal, Industrial, Commercial and Domestic Uses:
- Navajo-Gallup Water Supply Project 4
Animas-La Plata Project
San Juan River municipal diversions
San Juan River supplemental M&I diversions 2
Tributary groundwater diversions
Tributary recreation and livestock uses

Subordinated 1
Subordinated 1
1868
2004
1868
1868

22,650 48 20,780
4,680 13 2,340
2,000 3 1,000
14,500 40 0
2,000 N/A 2,000
Determine by Hydrosurvey 3

Notes:

The 1868 reserved priority for the Navajo Indian Irrigation Project, the Navajo-Gallup Water
Supply Project and the Animas-La Plata Project uses would be subordinated to the rights of the
Secretary of the Interior for the Navajo Reservoir Supply and the Animas-La Plata Project,
respectively. Pursuant to the subordination of these reserved rights and consistent with the Act of
June 13, 1962, the Navajo Indian Irrigation Project and the Navajo-Gallup Water Supply Project will
be treated as equal in priority to and will share in shortages in the Navajo Reservoir Supply with the
San Juan-Chania Project, the Hammond Irrigation Project, Jicarilla Apache Nation uses under its
water rights settlement contract, and other small contracts. The Navajo Nation's uses under the
Animas-La Plata Project will share in shortages in the water supply for that project with the San Juan
Water Commission and other project contractors.

2 Supplemental diversions would be permitted to the extent necessary for the Navajo Nation to
fully develop the depletions on the Fruitland-Cambridge and Hogback-Cudei irrigation projects and
the depletions associated with the specified municipal and industrial uses from the San Juan River,
when sufficient flow is available from the San Juan River for diversion without impairment to other
water uses in New Mexico.

3 Water rights for historic and existing irrigation, recreation and livestock uses on Navajo lands in
areas of New Mexico that are tributary to the San Juan River and outside the San Juan River valley
would be determined by a hydrographic survey of these uses to be prepared jointly by the United
States and the State of New Mexico. It is anticipated that the total amount of water rights for these
tributary uses will not exceed approximately 10,000 acre-feet of depletion at the places of use.

4 The diversion and depletion amounts for the Navajo-Gallup Water Supply Project tabulated
above include only those for Navajo Nation uses in New Mexico. In addition, the Project would
divert from the San Juan River 6,410 acre-feet for use by the Navajo Nation in Arizona, 1,200 acre-
feet for use by the Jicarilla Apache Nation under its water rights settlement contract, and 7,500 acre-
feet for use by the City of Gallup. The City of Gallup's share of the Project diversion would be
sourced by a subcontract with the Jicarilla Apache Nation under the Jicarilla Apache Nation's
settlement contract with the United States. The diversion of water by the Project for Navajo Nation
uses in Arizona would not be included in the Settlement Contract and would not occur until an
accounting of the use of the water within the apportionments of Colorado River Basin water made to
the State of Arizona through compact, statute or court decree has been resolved and Congress has
approved a water delivery contract between the Navajo Nation and the United States for such

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