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<br />. <br /> <br />DISCUSSION DRAFT - April 4, 2006 <br /> <br />RESOLUTION OF THE <br />UPPER COLORADO RIVER COMMISSION <br /> <br />Regarding the Availability of Water to Provide for a Navajo Reservoir <br />Supply Contract for Navajo Nation Uses within the State of New Mexico <br /> <br />WHEREAS, the State of New Mexico has proposed the Navajo-Gallup Water <br />Supply Project to provide a needed renewable water supply from the San Juan River for <br />municipal and domestic uses for Indian and non-Indian communities located within New <br />Mexico in both the Upper Basin and the Lower Basin; and <br /> <br />WHEREAS, the State of New Mexico and the Navajo Nation on April 19, 2005, <br />executed the San Juan River Basin in New Mexico Navajo Nation Water Rights <br />Settlement Agreement (the "Settlement Agreement''), which is conditioned upon, among <br />other things, the implementation of the Navajo Nation components of the Navajo-Gallup <br />Water Supply Project within New Mexico; and <br /> <br />WHEREAS, the source of water supply for the proposed Navajo-Gallup Water <br />Supply Project would be Navajo Reservoir and the San Juan River in New Mexico; and <br /> <br />. <br /> <br />WHEREAS, water from Navajo Reservoir and the San Juan River would be <br />delivered to the proposed Navajo-Gallup Water Supply Project to meet the water <br />demands of Navajo Nation communities in New Mexico through the proposed Settlement <br />Contract between the United States, acting through the Secretary of the Interior, and the <br />Navajo Nation (Appendix 4 to the Settlement Agreement); and <br /> <br />WHEREAS, Public Law 87-483 at section I I (a) requires that no new long-term <br />contracts "... shall be entered into for the delivery of water stored in Navajo Reservoir or <br />any other waters of the San Juan River and its tributaries, as aforesaid, until the Secretary <br />has determined by hydrologic investigations that sufficient water to fulfill said contract is <br />reasonably likely to be available for use in the State of New Mexico during the term <br />thereof under the allocations made in articles III and XIV of the Upper Colorado River <br />Basin compact, and has submitted such determination to the Congress of the United <br />States and the Congress has approved such contracts"; and <br /> <br />WHEREAS, in furtherance of the Jicarilla Apache Tribe Water Rights Settlement <br />Act of 1992, and the perpetual Navajo Reservoir water supply contract approved by said <br />Act, the Secretary of the Interior pursuant to Public Law 87-483 on February 2, 1989, <br />approved the report on "Hydrologic Determination, 1988, Water Availability from <br />Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico" (the <br />"1988 Hydrologic Determination"); and <br /> <br />. <br /> <br />1 <br />