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<br />: ' <br /> <br />schedule, the physical water supply analysis in the Biological Assessment assumes <br />possible full use of the depletion rights for both the NIIP and the Navajo-Gallup Water <br />Supply Project, and assumes up to about 640,500 af per year of depletion, on average, in <br />New Mexico from the San Juan River. This amount of total average depletion in New <br />Mexico is not significantly different than the amount of total average depletion in New <br />Mexico shown in the May 2006 revised New Mexico depletions schedule under 2060 <br />development conditions. <br /> <br />VII. Conclusions <br /> <br />It is concluded that the Upper Basin yield and New Mexico water allocation needed to <br />support New Mexico's revised Upper Basin depletions schedule are reasonably likely to <br />be available. The mass balance analyses results Me sufficient to conclude that: (1) the <br />Upper 13~in yi~lc;l is at leWlt 5.76 maf per year, on averag~~ exc.luding shared CRSP <br />. reservoir evaporation; (2) New Mexico's Upper Basin allocation is at leaSt 642,400 afper. <br />year, excluding shared CRSP reservoir evaporation; and (3) the total anticipated average <br />annual consumptive use in New Mexico from the Upper Basin, including Navajo <br />Reservoir evaporation, of 642,000 af per year as shown in the revised New Mexico <br />depletions schedule is not likely to exceed New Mexico's Upper Basin allocation. This <br />conclusion is reached assuming full use of the Navajo Nation's proposed depletion rights <br />under the Settlement Agreement for both the Navajo-Gallup Water Supply Project and <br />the NIIP. <br /> <br />Based on this hydrologic investigation for a planning horizon through 2060, the May <br />2006 revised New Mexico depletions schedule, and the Biological Assessment for the <br />Navajo-Gallup Water Supply Project, sufficient water is reasonably likely to be available <br />from the Navajo Reservoir water supply through at least 2060 to fulfill the contract that is <br />proposed by the Settlement Agreement to provide water for the Navajo Nation's uses in <br />New Mexico under the Navajo-Gallup Water Supply Project and the NIIP. If the term of <br />the contract extends beyond 2060, or is perpetual as proposed by the Settlement <br />Agreement, the risk of shortages in deliveries under the contract may increase after 2060 <br />depending upon future storage, hydrologic conditions and other factors. Section 11(a) of <br />Public Law 87-483 allows for contracting of water from Navajo Reservoir up to a total <br />amount that, in the event of shortage, still results ill a reasonable amount of water being <br />available for the diversion requirements of the NIIP and the San Juan-Chama Project. <br /> <br />VID. Disclaimers <br /> <br />A. Interstate Compacts and Federal Laws <br /> <br />Nothing in this report is intended to interpret the provisions of the Colorado River <br />Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the <br />Water Treaty of 1944 between the United States of America and the United Mexican <br />States (59 Stat. 1219), the decree entered by the Supreme Court of the United States in <br /> <br />7 <br />