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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 Wuter Supply Project to provide a needed renewable water supply from the San Juan River tor 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 componcnts of the Navajo-Gallup Watcr Supply Project within New Mexico; and WHEREAS, the source of water supply for the proposed Navajo-Gallup Water Supply Project would be Navajo Rescrvoir and the San Juan River in New Mexico; and WHEREAS, water from Navajo Reservoir and the San Juan River would bc delivcrcd to the proposed Navajo-Gallup Watcr Supply Project to mcct the watcr 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 tha Navajo Nation (Appendix 4 to thc Scttlcmcnt Agrccmcnt); and WHEREAS, Public Law 87-483 at scetion I I (a) requircs that no ncw long-tenn contracts"... shall be entered into for thc delivery of watcr stored in Navajo Reservoir or any other waters of the San Juan River and its tributaries, as atoresaid, 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 thcrcof 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 Statcs and the Congress has approved such contracts"; and WHEREAS, pursuant to Public Law 87-483, and in furtherancc of the Jicarilla Apachc 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 Detennination, 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