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Last modified
1/26/2010 4:34:48 PM
Creation date
4/11/2008 10:09:30 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8240.200.10.A
Description
Upper Colorado River
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
7/28/1999
Author
UCRC Workgroup
Title
Case Study on the Upper Colorado River Basin
Water Supply Pro - Doc Type
Report/Study
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<br />the east, almost to present-day Farmington, adding over one million acres south of the San Juan <br />River. In addition, Executive Order 709 withdrew two million acres of public domain land for <br />the Navajo Reservation in New Mexico in 1908. Although most of the Executive Order 709 <br />lands were later restored to the public domain, hundreds of 160-acre allotments were made to <br />individual Navajos, with most of those allotments located within the San Juan River Basin. The <br />Tribe claims a priority date of no later than 1849 for its water rights, based on a treaty made with <br />the United States in that year. <br /> <br />A general stream adjudication for the San Juan River in New Mexico was filed in State court by <br />the State of New Mexico in 1975, but the New Mexico State Engineer has given low priority to <br />pursuit of that adjudication. No claim has even been filed in the case by or on behalf of the <br />Navajo Nation.2 Because vast areas of arable Navajo lands lie within the Basin, Federal and <br />State officials have generally assumed that a Navajo claim, based on the practicably irrigable <br />acreage standard enunciated in the Supreme Court case of Arizona v. California. may require <br />most, if not all, of the water in the San Juan River. It has been the position of the State of New <br />Mexico that the completion of the Navajo Indian Irrigation Project (NIIP) will satisfy any Navajo <br />water rights claims. <br /> <br />Studies ofthe possibility of diverting San Juan River Basin waters across the Continental Divide <br />into the Rio Chama, a tributary of the Rio Grande, began immediately after World War I, with <br />surveys beginning in 1933. Meanwhile, the Navajo began looking for ways to develop their San <br />Juan River water rights. Many officials viewed the Navajo claim as an obstacle to major <br />development. The Navajo Nation eventually agreed not to block the San Juan Chama Project <br />(SJCP) in return for a Federal irrigation project of its own. The result was a 1962 Congressional <br />authorization of both the SJCP and NIIP, Public Law 87-483 (76 Stat. 96). Thus, both the <br />Navajo Nation and Rio Grande water users, particularly the City of Albuquerque, obtained <br />authorization for their projects in the same statute.3 The 1962 Act authorizing NIIP and the SJCP <br /> <br />2 The only claim the United States has filed in the case was on behalf of the Jicarilla Apache <br />Tribe in 1985. Otherwise, the litigation was dormant until 1997 when the United States, New <br />Mexico State Engineer, and the Jicarilla Apache Tribe filed ajoint motion for entry of a partial <br />final decree adjudicating Jicarilla Apache water rights pursuant to the Tribe's 1992 Settlement <br />Act. See discussion at pp. 9-10. Scheduling for the adjudication of other rights has finally begun <br />after 23 years. <br /> <br />3 Contractors under the SJCP include: City of Albuquerque (48,200 acre-feet/year); Middle <br />Rio Grande Conservancy District (20,900 acre-feet/year); City and County of Santa Fe (5,605 <br />acre-feet); Department of Energy (1,200 acre-feet); Pojoaque Valley Irrigation District (1,030 <br />acre-feet); City of Espanola (1,000 acre-feet); City of Belen (500 acre-feet); Town of Taos (400 <br />acre-feet); Village of Los Lunas (400 acre-feet); Town of Bernalillo (400 acre-feet); Town of <br />Red River (60 acre-feet); and the Twining Water and Sanitation District (15 acre-feet). There is <br />an uncontracted annual allocation of 4,990 acre-feet to be used toward Indian water rights <br /> <br />3 <br /> <br />
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