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

e.

In summary, section 303( d) of the bill should be revised to read as
follows:

"(d) CONDITIONS FOR USE IN ARIZONA.-
(1) REQUlREMENTS.-Project water shall not be delivered for
use by any community ofthe Nation in the State of Arizona under
subsection (b)(2)(D) until all of the following conditions have been
satisfied-
(A) the Nation and the State of Arizona have entered into a
water rights settlement agreement approved by an Act of Congress
that settles the Nation's claims to water in Arizona; and
(B) the Secretary has entered into a contract with the
Nation for the delivery of 6,411 acre-feet of Central Arizona
Project non-Indian agricultural priority water in accordance with
~104(a)(I)(B)(ii) of Pub. L. 108-451.
(2) ACCOUNTING FOR USES IN ARIZONA.-Any depletion
of water from the San Juan River stream system in the State of New
Mexico that results from the diversion of water by the Project for uses
within the State of Arizona (including depletion incidental to the
diversion, impounding, or conveyance of water in the State of New
Mexico for uses in the State of Arizona}-
(A) shall be accounted for as a part ofthe 2.8 million acre-
feet of Colorado River water apportioned to the State of Arizona in
Article II(B)( 1) ofthe decree of the Supreme Court of the United
States in Arizona v. California (376 U.S. 340); and
(B) shall not increase the total quantity of water to which
the State of Arizona is entitled under any compact, statute, or court
decree. "

6.

Forbearance. Section 303(e)(2) ofthe bill should expressly state that the Nation
may not forbear deliveries in the State of New Mexico to allow the delivery of
water for use in Arizona when there is a shortage in the Lower Basin that reduces
the availability of CAP NIA priority water. Deliveries to the Navajo Reservation
through the Navajo-Gallup pipeline must be reduced in the same proportion as
other CAP NIA priority water during a Lower Basin shortage.