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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Agenda Item 18
May 22-23, 2007 Board Meeting
Page 7 of 10

RESOLUTION OF THE
UPPER COLORADO RIVER COMMISSION

Regarding the Availability of Water from Navajo Reservoir for Navajo Nation Uses
within the State of New Mexico

WHEREAS, the State of New Mexico has proposed the Navajo-Gallup Water
Supply Project to provide a needed renewable water supply from the San Juan River for
municipal and domestic uses for Indian and non-Indian communities located within New
Mexico in both the Upper Basin and the Lower Basin; and

WHEREAS, the State of New Mexico and the Navajo Nation on April 19, 2005,
executed the San Juan River Basin in New Mexico Navajo Nation Water Rights
Settlement Agreement (the "Settlement Agreement"), which is conditioned upon, among
other things, the implementation of the Navajo Nation components of the Navajo-GaIlup
Water Supply Project within New Mexico; and

WHEREAS, the source of water supply for the proposed Navajo-Gallup Water
Supply Project would be Navajo Reservoir and the San Juan River in New Mexico; and

WHEREAS, water from Navajo Reservoir and the San Juan River would be
delivered to the proposed Navajo-Gallup Water Supply Project to meet the water
demands of Navajo Nation communities in New Mexico through a proposed Settlement
Contract between the United States, acting through the Secretary of the Interior, and thll
Navajo Nation (Appendix 4 to the Settlement Agreement); and

WHEREAS, Public Law 87-483 at section l1(a) requires that no new long-term
contracts "... shall be entered into for the delivery of water stored in Navajo Reservoir or
any other waters of the San Juan River and its tributaries, as aforesaid, until the Secretary
has determined by hydrologic investigations that sufficient water to fulfill said contract is
reasonably likely to be available for use in the State of New Mexico during the term
thereof under the allocations made in articles III and XIV of the Upper Colorado River
Basin compact, and has submitted such determination to the Congress of the United
States and the Congress has approved such contracts"; and .

WHEREAS, pursuant to Public Law 87-483, and in furtherance of the Jicarilla
Apache Tribe Water Rights Settlement Act of 1992 and the Navajo Reservoir water
supply contract approved by said Act, the Secretary of the Interior on February 2, 1989,
approved the report on "Hydrologic Determination, 1988, Water Availability from
Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico" (the
"1988 Hydrologic Determination"); and

Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning