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<br />~v~v <br /> <br />I <br /> <br />on just what they are and I don't think they <br />will be clear until we analyze these findings <br />of the referee in this California vs. Arizona <br />case but let's assume that those are fixed <br />rights which must be filled. Now the second <br />phase of the San Juan-Chama Project, it is <br />feared by the Southwestern District, will then <br />impose a burden on the Animas River which <br />would affect the feasibility of the Animas- <br />La Plata Project. The other phase is that <br />possibly, in the future, New Mexico will, as <br />it has stated it plans to do, develop munici- <br />pal and industrial water requirements to the <br />extent of some 224,000 acre-feet. Now if that <br />happens, and if that use is at a point so that <br />the return flow does not reach the San Juan <br />River above the headgates. of these Indian <br />ditches, then the fear is that again an addi- <br />tional burden will be placed upon the Animas <br />River. <br /> <br />It is my conclusion that if those things <br />eventually, taking them in order, first, if <br />the second phase of the San Juan-Chama Proj- <br />ect is constructed and if a situation develops <br />so that a burden is placed on the Animas River <br />otherwise, if that would happen, that at least <br />the second phase of the San Juan-Chama Project <br />would be shut down before that burden would be <br />imposed on the Animas River. These are my <br />conclusions. They may be based upon inadequate <br />study of the thing. <br /> <br />I <br /> <br />The second thing is, as I understand it, <br />if the municipal and industrial development <br />takes place and the return flow from that <br />development - estimated to be 50% - reached <br />the river above the Indian headgates, that <br />then there would be no problem as far as the <br />Animas is concerned. So the fear then, is <br />based on two things: first, that the second <br />phase of the San Juan-Chama will be constructed <br />and it will have a priority to take water to <br />eastern New Mexico in preference to satisfying <br />rights and permitting the Animas-La Plata <br />Project to take the water it is entitled to. <br />That's number one. Number two is, if the <br />municipal and industrial water return flow <br />doesn't reach the river above these headgates <br />then the Southwestern District fears that the <br />Animas-La Plata Project will become infeasible. <br />