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, • 2 <br /> waters in excess of its percentage allotment, provided such excess does not <br /> impair any of the remaining States expected rate of development/depletion while <br /> continuing to meet water delivery obligations to the Lower Basin. <br /> Although there is sufficient water available in the San Juan River Basin and <br /> within the 5.8 (MAP) to support interim contracts through the year 2039, on M&I <br /> projects such as the proposed Gallup-Navajo Indian Water Supply Project, a firm <br /> water supply beyond the year 2040 will be required to ensure continued existence <br /> and stability of the communities to be served. The most probable course of <br /> action to ensure the project of a firm or perpetual water supply must be <br /> resolved. The project would likely utilize the right of eminent domain and <br /> purchase senior water rights from existing users. <br /> • II. Introduction <br /> The Act of June 13, 1962 (76 Stat. 96, Public Law 87-483) , authorizing the <br /> Navajo Indian Irrigation Project and the San Juan-Chama Project provides in <br /> Section 11 that the Secretary of Interior shall not enter into long-term <br /> contracts for the delivery of water from Navajo Reservoir until he has made <br /> certain hydrologic determinations as to water availability, has submitted such <br /> determinations to Congress, and Congress has approved such contracts. Section <br /> 11(a) of the Act provides in part that: <br /> "No long-term contract, except contracts for the benefit of the lands <br /> and for the purposes specified in sections 2 [Navajo Indian Irrigation <br /> Project] and 8 (San Juan-Chama Project] of this Act, shall be entered <br /> into for the delivery of water stored in Navajo Reservoir or of any <br /> other waters of the San Juan River and its tributaries, as aforesaid, <br /> III <br />