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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DRAFT - 11/21/2006

have been delivered to the Lower Basin at Lee Ferry for purposes of
Article III(d) of the Colorado River Compact."

3.

Colorado River System Priority. Section 303 ofthe bill should also include the
following provision:

"(i) PRIORITY. Colorado River system water diverted in the Upper Basin
for use in the Lower Basin, as those terms are used in the Colorado River
Compact, shall have the same priority of delivery in time of shortage as
the Central Arizona Project."

4. Allocation to Navajo Nation Communities in Arizona. Section 303(b)(2)(D) of
the bill should expressly state that the 6,411 acre-feet of water allocated for use in
Arizona is the water identified in ~104(a)(I)(B)(ii) ofthe Arizona Water
Settlements Act (AWSA), Pub. L. 108-451-i.e., CAP non-Indian agricultural
(NIA) priority water-and is subject to the provisions ofthe A WSA, including
but not limited to ~104(a)(I)(B)(ii), ~104(a)(1)(B)(iii), ~104(a)(3), and ~104(e).

5. Conditions for Use in Arizona.

a.

Section 303(d)(1)(C) ofthe bill requires the Secretary to determine that
the Navajo uses within Arizona are within Arizona's Colorado River
apportionment. The bill does not specify whether the water must be
within Arizona's 50,000 afUpper Basin entitlement (which was not the
intent) or its 2.8 mafLower Basin entitlement. This section should be
deleted.

b. In addition to any capital or OM&R costs associated with the use of the
Navajo-Gallup pipeline, the United States or the Nation must pay CAP
fixed OM&R costs for any water delivered to the Navajo Reservation for
use in Arizona. The United States can pay those costs from the Lower
Colorado River Basin Development Fund in accordance with 43 U.S.C.
~ 1543(f), as amended by the A WSA.

c. Section 303(d)(I)(A) of the bill requires the Secretary to "determine by
hydrologic investigation that sufficient water is reasonably likely to be
available to supply uses from water of the Colorado River system
allocated to the State of Arizona." It's not clear what this means. This
provision should be deleted.

d. Section 303(d)(2) ofthe bill provides that water used by the Navajo
Nation in Arizona counts against Arizona's Colorado River entitlement.
Again, the bill should clarify that this water counts against Arizona's
Lower Basin entitlement.