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<br />,) <br /> <br />p <br /> <br />. <br /> <br />the Project. If to comply with the Endangered Species Act it is deemed necessary to arrange for <br />some amount of use in the San Juan River Basin to be forborne for some period of time to allow full <br />use under the Project to be made in New Mexico, the Project contractors would not be prohibited <br />from making such arrangements as may be appropriate. <br /> <br />In addition, the Navajo Nation: (1) may divert supplemental carriage water, if needed, at such times as <br /> <br />the New Mexico State Engineer determines that there is surface water available for such diversion <br /> <br />without impairment to water rights in New Mexico; (2) may develop additional ground water on Navajo <br /> <br />lands subject to no impairment of other water rights and forbearance of surface water rights to offset any <br /> <br />amount of depletion of San Juan River flows above 2,000 acre-feet per year caused by the aggregate of <br /> <br />Navajo Nation ground water diversions; (3) would have a small amount of rights it has acquired under <br /> <br />state law; (4) would have additional rights to de minimus residential domestic and stock uses that are not <br /> <br />served by public water supply systems; (5) would have a contractual right to storage in Ridges Basin <br /> <br />. <br /> <br />Reservoir for supplying Navajo Nation uses under the Animas-La Plata Project; and (6) may re-use tail <br /> <br />water or waste water so long as the re-use does not cause the Nation's diversion and depletion rights to <br /> <br />be exceeded. In all instances, the rights of the Navajo Nation to divert and use water from the San Juan <br /> <br />River Basin in New Mexico would be limited to the amounts of water necessary for current beneficial <br /> <br />uses. <br /> <br />Individual members of the Navajo Nation that have been allotted land by the United States are <br /> <br />not bound by the Settlement Agreement and may have additional claims to historic and existing <br /> <br />agriculture, stock and domestic uses in the San Juan River Basin. The aggregate amount of the historic <br /> <br />and existing uses is included in estimates of the current depletions in the Basin. However, any reserved <br /> <br />rights that may be adjudicated to such members for additional future uses would be serviced by, or offset <br /> <br />by corresponding reductions in use under, the rights of the Navajo Nation in order to keep the water <br /> <br />demands in the Basin from exceeding New Mexico's apportionment under the Upper Colorado River <br /> <br />. Basin Compact. <br /> <br />4 <br />