BOARD00176 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: WSP Section - Navajo-Gallup EIS and Status of Navajo Settlement Negotiations - Arizona Position
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Ritter, Jr.
Governor

TO:

Colorado Water Conservation Board Members

q~.andY Seaholm, Chief Water Supply Protection Section
May 14, 2007

Rod Kuharich
CWCB Director

Harris D. Sherman
Executive Director

FROM:

DATE:

SUBJECT:

Dan McAuliffe
Agenda Item 18, May 22-23, 2007 Board Meeting Deputy Director
Water Supply Protection, Navajo-Gallup Water Supply Project Planning Report and Draft
Environmental Impact Statement, & Status of Navajo Settlement Negotiations-Arizona
Position

Back2:round

In April 2005, the Navajo Nation and the State of New Mexico signed a settlement agreement that would
resolve the tribe's federal reserved water right claims in the San Juan River Basin in New Mexico. In April 2007 the
New Mexico delegation proposed federal legislation, which it subsequently introduced in Congress, concerning the
"Northwestern New Mexico Rural Water Projects Act" that would among other things, ratify the Navajo Settlement
and authorize the construction of the Navajo-Gallup Water Supply Project (NGWSP) (See S-4108, previous versions
were proposed in the 110th Congress, 151 Session as S-1171 and HR-1970).

Prior to the introduction of the proposed legislation, the U.S. Bureau of Reclamation conducted the
requisite "Hydrologic Determination" required to indicate that sufficient water remains under the Upper Basin
apportionment to develop the project. During the conduct of the Hydrologic Determination, the Southwestern Water
Conservation District (SWWCD) in Colorado expressed concerns about the impact of increased uses in New Mexico
on water use and development in Colorado. As a result, the CWCB in agreeing to support the Hydrologic
Determination in May 2006 recommended that certain conditions requested by the SWWCD be addressed or
incorporated into any legislation that was ultimately passed approving the Navajo Settlement and resulting in the
construction of the NGWSP.

Related Upper Colorado River Commission lUCRC) Actions

The UCRC has passed two resolutions that helped advance approval of the Navajo Settlement and the
construction of the NGWSP. First, the UCRC passed a resolution in June 2003 establishing a process for the
approval of projects that would divert water from the Upper Colorado River Basin for use in the Lower Colorado
River Basin. The substance of the resolution, which resolution is attached hereto, was that water diverted from the
Upper Basin would be accounted for as part of that state's Upper Basin apportionment as indicated by the following
language contained in the resolution.

NOW; THEREFORE, BE IT RESOLVED by the Upper Colorado River Commission that the
States of Colorado, New Mexico, Utah and Wyoming, support and to the extent necessary consent to the
diversion of water from the Upper Basin for use in the Lower Basin solely within New Mexico via the
proposed Navajo-Gallup Water Supply Project; provided, that any water so diverted by said project to
the Lower Basin portion of New Mexico, being a depletion of water at Lee Ferry, shall be a part of the
consumptive use apportionment made to the State of New Mexico by Article III (a) of the Upper Colorado
River Basin Compact;