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<br />1772 <br /> <br />GRANTED TO THE STATE OF NEW MEXICO PURSUANT <br />TO THE PROVISIONS OF THE UPPER COLORADO RIVER <br />BASIN COMPACT'. <br /> <br />Now you see what we were driving at. We <br />have this Indian problem with us. The United .1' <br />States by the Winters Case and other cases. has <br />taken the position that it is entitled to any <br />water it wants to use on Indian reservations. <br />We have said that if they are going to build <br />a federal project with basin revenue funds, <br />then the United States should agree it is not <br />creating a project which could be used as a pref- <br />erence right. That right, we have said, must <br />be used only in connection with the rights to the <br />State of New Mexico under the Upper Colorado <br />River Basin Compact. That Compact gives them <br />llt'7o of the water allocated to the upper basin. <br />The Compact also provides that any Indian water <br />must be considered as part of New Mexico's allo- <br />cation. When you talk about the Indians you are <br />in trouble, of course. Nevertheless if we in <br />Colorado have anything to say about the expendi- <br />ture of federal funds, (we hope we have a little <br />to say) we say we are not going to approve the <br />expenditure if our rights will be destroyed or <br />impaired. That's what could happen with this <br />project, the destruction of our water rights in <br />the San Juan Basin. If the United States asserts <br />itself, it can fill Navajo Reservoir with 1;700, <br />000 acre-feet of water. That's far more water <br />than often originates in the San Juan Basin and <br />that reservoir will holdi in many years, all the <br />water which arises in Co orado. When we talk <br />about the San Juan Basin, we are talking about <br />Colorado water. Less than 1% of all this water <br />is produced in New Mexico. <br /> <br />Under new section 8(b) 'THE SECRETARY OF <br />THE INTERIOR SHALL OPERATE THE PROJECTS AUTHOR- <br />IZED BY THIS ACT SO THAT NO WATERS SHALL BE <br />DIVERTED OR USED BY MEANS OF THE PROJECT WORKS, <br />WHICH, TOGETHER WITH ALL OTHER WATERS USED IN <br />OR DIVERTED FROM THE SAN JUAN RIVER BASIN IN I" <br />NEW MEXICO WILL EXCEED THE WATER AVAILABLE TO <br />THE STATE 6F NEW MEXICO UNDER THE ALLOCATIONS <br />CONTAINED IN ARTICLE III OF THE UPPER COLORADO <br />RIVER BASIN COMPACT FOR ANY COMPACT YEAR'. <br />Here we get back to the necessity to discharge <br />all possible waters into Glen Canyon Reservoir. <br />We know that Colorado in all probability will <br />be the last state to fully develop the water <br />allocated to it by the terms of the Compact. <br />