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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Municipal, Industrial, Commercial and Domestic Uses:
_ Navajo-Gallup Water Supply Project 3
Animas-La Plata Project
San Juan River municipal/industrial diversions
Ground water diversions
Tributary recreation and livestock uses

22,650 48 20,780
4,680 13 2,340
2,600 5 1,300
2,000 N/A 2,000
Determine by Hydrosurvey 2

1955 I
1956 I
1868
1868
1868

Notes:

The 1868 reserved priority for the Navajo Indian Irrigation Project, the Navajo-Gallup Water
Supply Project and the Animas-La Plata Project uses would not be asserted or exercised; rather, the
Secretary of the Interior would supply the Navajo Indian Irrigation Project and the Navajo-Gallup
Water Supply Project uses from Navajo Reservoir under New Mexico State Engineer File No. 2849
, ., with-a-l.9:i$..pnonty .and-fr.Qm-the-San.Juatl-Ri~er...belo.w-Nav.ajo J)~rn -undex-State..Engineer..Eile No.
3215 with a 1968 priority, and the Secretary would supply the Anllnas-La Plata Project under File
No. 2883 with a 1956 priority. Consistent with the Act of June 13, 1962, the delivery of water from
Navajo Reservoir for the Navajo Indian Irrigation Project and the Navajo-Gallup Water Supply
Project would be treated as equal in priority to, and will share in shortages with, the San Juan-Chama
Project, the Hammond Irrigation Project, Jicarilla Apache Nation uses under its water rights
settlement contract, and other small contracts. The Navajo Nation's uses under the Animas-La Plata
Project would share in shortages in the water supply for that project with the San Juan Water
Commission and other project contractors. .

2 Water rights for historic and existing irrigation, recreation and livestock uses on Navajo lands in
areas of New Mexico that are tributary to the San Juan River and outside the San Juan River valley
would be determined by a hydrographic survey of these uses to be prepared jointly by the United
States and the State of New Mexico. It is anticipated that the amount of water rights for these
tributary uses could total approximately 10,000 acre- feet per year or more of depletion at the places
of use, but that the actual depletion of the flow ofthe San Juan River after consideration oflocations
of use and the physical water supplies available will average substantially less than 10,000 acre-feet
per year.

3 The diversion and depletion amounts for the Navajo-Gallup Water Supply Project tabulated
above include only those for Navajo Nation uses in New Mexico. In addition, the Project would
divert annually from the San Juan River 6,410 acre-feet for use by the Navajo Nation in Arizona,
1,200 acre-feet for use by the Jicarilla Apache Nation under its water rights settlement contract, and
7,500 acre-feet for use by the City of Gallup. The City of Gallup's share of the Project diversion
would be sourced by a subcontract with the Jicarilla Apache Nation under the Jicarilla Apache
Nation's settlement contract with the United States. The diversion of water by the Project for
Navajo Nation uses in Arizona would not be included in the Settlement Contract and would not
occur until an accounting of the use of the water within the apportionments of Colorado River Basin
water made to the State of Arizona through compact, statute or court decree has been resolved and
Congress has approved a water delivery contract between the Navajo Nation and the United States
for such diversion. Also, the Bureau of Reclamation would have to comply with the National
EnviroIimental Policy Act, the Endangered Species Act and other applicable laws in implementing .

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