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<br />" <br />.~ ...Ii f1' <br /> <br />&,1 <br />,I <br /> <br />. <br /> <br />. <br /> <br />.' <br /> <br />AbEtfOI1 1T8v\ Ig <br /> <br />ARIZONA DEPARTMENT OF WATER RESOURCES <br />3550 North Central Avenue, Phoenix, Arizona 85012-2105 <br />Telephone 602771-8426 <br />Fax 602 771-8681 <br /> <br /> <br />i) <br /> <br />April 5, 2007 <br /> <br />Janet Napolitano <br />Governor <br /> <br />Mr. John D' Antonio, P.E. <br />Office of the State Engineer <br />130 South Capitol Street <br />Concha Ortiz y Pino Building <br />P.O. Box 25102 <br />Santa Fe, NM 87504-5102 <br /> <br />Herbert R. Guenther <br />Dlredor <br /> <br />Dear Mr. D' Antonio: <br /> <br />Last January my staff met with your staff concerning the proposed "Northwestern New Mexico <br />Rural Water Projects Act" <Act) introduced by the New Mexico delegation late last session as S. <br />4108. One title of the Act would confirm the water settlement for the Navajo Nation claims to <br />water in the San Juan River basin. <br /> <br />We have examined the proposed Act and have reviewed the San Juan settlement agreement. <br />There are provisions in the settlement agreement and Act that are in conflict with the 1922 <br />Colorado River Compact, the Decree in Arizona v. California, the Colorado River Basin Project <br />Act, and the Arizona Water Settlements Act. Specific comments on some of the issues are <br />enclosed for your review. There are additional provisions, such as the "top water bank" that are <br />confusing, and we question whether those provisions are in conformity with the Compact and the <br />"Law of the River". <br /> <br />, The Compact and Decree issues may only be resolved with the concurrence of Arizona and the <br />other Lower Division States. Additionally, the most likely source of water for the Arizona <br />portion of the San Juan settlement is specifically reserved. in section .104 of Public Law 108-451 <br />under certain conditions. Some issues associated with this transfer of water are similar to <br />Compact and Decree issues on use of water in New Mexico. <br /> <br />Weare currently consulting with water users in Arizona and may have other issues concerning <br />the proposed settlement legislation. We would like to the opportunity to work with you and <br />representatives of the Navajo Nation to address the concerns of Arizona. Should you have any <br />questions please feel free to contact me, Tom Carr or Gregg Houtz. <br /> <br /> <br />Herbert R. Guenther <br />Director <br /> <br />CC: Stanley Pollack <br />Enclosure <br />