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<br />. <br /> <br />. <br /> <br />. <br /> <br />Commission has drafted for the Secretary's consideration a revised schedule of anticipated depletions in <br /> <br />the San Juan River Basin in New Mexico that indicates that sufficient water would be available through <br /> <br />the year 2060 to service the Settlement Contract. The anticipated depletions are based on reasonable <br /> <br /> <br />assumptions of use within the water rights for Navajo and non-Navajo uses in the Basin. Pursuant to the <br /> <br /> <br />proposed subordination of reserved rights for Navajo Nation uses under the Navajo Indian Irrigation <br /> <br /> <br />Project, the Navajo-Gallup Water Supply Project and the Animas-La Plata Project, the Navajo Nation <br /> <br /> <br />would share in shortages in the Navajo Reservoir Supply and the Animas-La Plata Project water supply. <br /> <br /> <br />Shortages in supplies for the three projects would be shared pro-rata among the San Juan-Chama <br /> <br /> <br />Project, the Navajo Nation and other contractors of the Navajo Reservoir Supply, and among the Navajo <br /> <br /> <br />Nation and other Animas-La Plata Project contractors, respectively. Shortages include decreases in <br /> <br /> <br />water availability caused by implementation of the Endangered Species Act. Senior direct flow water <br /> <br /> <br />rights in the San Juan River Basin, including irrigation rights for Navajo and non-Navajo ditches on the <br /> <br /> <br />San Juan River and its tributaries, would retain their rights in a priority administration of the river <br /> <br /> <br />system and not share shortages. <br /> <br />Under the Settlement Agreement, the Navajo Nation would administer its rights on Navajo lands <br /> <br />subject to non-impairment of non-Navajo water rights. Transfers of water uses by the Navajo Nation to <br /> <br />locations off Navajo lands would require approval of the State Engineer. Navajo Nation uses of water <br /> <br />under rights acquired pursuant to state law or the Secretary of the Interior's rights for the Navajo <br /> <br /> <br />Reservoir Supply and the Animas-La Plata Project must comply with the rights adjudicated in the Partial <br /> <br /> <br />Final Decree or be approved by the State Engineer. The Navajo Nation would be responsible for <br /> <br /> <br />measuring and reporting water uses under its rights. <br /> <br />5 <br />