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<br />....." , <br /> <br />I <br /> <br />and the uses had been in operation for the <br />past 28 years, the water would not have <br />spilled over the dam of the Navajo Dam, over <br />the Reservoir (over the spillway) in all but <br />7 of those years. There"would be only 7 <br />years out of 28 that it would spill. So <br />their proposal contemplates, in effect, the <br />drying up of the stream and we fear then that <br />the demahd of those downstream uses that are <br />there now, and that are principally Indian <br />uses, (and as Indian uses, you understand, <br />they claim a prior right to any water that <br />may be there), and the possible future expan- <br />sion of those uses will become a burden on <br />the Animas River. <br /> <br />I <br /> <br />With that background I can't say, or <br />make the statement, of the effects of the <br />Navajo Reservoir more pointedly than Mr. <br />Sparks made it at your meeting of January <br />14, 1960, when he said: <br /> <br />'Remember again, that the Navajo <br />Reservoir was built as a main stem project, <br />although no benefit accrues whatsoever to <br />the other states by virtue of its construc- <br />tion. Nevertheless, New Mexico was given <br />about two full years of storage Project <br />revenues to build this Navajo Dam. Actually <br />it is"a strictly 100'7. New Mexico project. In <br />it New Mexico can utilize holdover storage. <br />But under the terms of the Upper Colorado <br />River Compact, for some reason unknown to us <br />at the present time, we are required to make <br />annual deliveries into the state of' New Mexico <br />for its allocation based on the flow of the <br />entire Colorado" River. * * * * If we deliver <br />to New Mexico twice as much water as they need <br />or are entitled to in any year, we get no <br />credit" for it. If we have a shortage the ne~ <br />year, we have to make up the full water supply. <br />Yet they have a reservoir which we have helped <br />build in which they can get holdover storage. <br /> <br />Consequently, we felt that the first <br />obligation'of that reservoir should be to <br />satisfy downstream requirements, before Colo- <br />rado is called upon to release water from <br />downstream tributaries.' <br /> <br />And by downstream tributaries, principally <br />