BOARD01962

• Board Meeting Date: 3/22/2005
• Description: WSP Section - Navajo Nation Federal Reserved Water Right Settlement with the State of New Mexico
• Board Meetings - Doc Type: Memo

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Because the Upper Colorado River Basin Compact apportions consumptive uses, depletions are

the primary consideration for water planning and administration in the San Juan River Basin under the

Compact. Nevertheless, it is expected that approximately 750,000 acre-feet of water would be diverted

in New Mexico annually by 2040 from the flows of the San Juan River and its tributaries, including

from return flows. That amount of diversion includes approximately 340,000 acre-feet per year for the

Navajo Indian Irrigation Project assuming that the sprinkler irrigation systems on the Project are

operating, planned water management measures result in water conservation in at least half the total

amount anticipated, and 5 percent of theI>roject acreage, on aYerage~isJallow; UndeLtheJerm~ .Qf the

Partial Final Decree, the Navajo Nation would be able to change the place and purpose of use of its

Navajo Indian Irrigation Project rights so long as the total average diversion for all uses under the rights

in the aggregate does not exceed 353,000 acre-feet per year and the change does not impair other water

rights. If the Project rights are not used solely for irrigation, the Navajo Nation must file application

with the State Engineer to increase the total diversion for all uses under the rights for the Project above

an average of353,000 acre-feet per year, An additional 105,200 acre-feet per year, on average over the

long term, would be diverted from tributaries to the San Juan River in Colorado for uses in New Mexico

under the San Juan-Chama Project. In comparison, the average annual inflow into Navajo Reservoir,

after San Juan-Chama Project diversions, is approximately 900,000 acre-feet per year, and the flow

entering New Mexico in the Animas River is projected to be approximately 600,000 acre-feet per year

after anticipated future Animas-La Plata Project uses in Colorado.

After passage of the Settlement Act into law and execution of the Settlement Agreement by the

. Secretary of the Interior, a joint motion would be submitted to the Court in the San Juan River

Adjudication requesting that the Partial Final Decree be made final and binding on all claimants in the

Adjudication. The Secretary and the Navajo Nation also would execute the Settlement Contract. In.

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