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Last modified
1/26/2010 12:29:20 PM
Creation date
10/11/2006 10:10:22 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.105.I
Description
Colorado River-Water Projects-Navajo-Environmental Studies
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/11/2002
Title
Navajo Dam EIS-New Mexico Interstate Stream Commission Detailed Comments
Water Supply Pro - Doc Type
Report/Study
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<br />In addition, Public Law 89-72, the Federal Water Project Recreation Act of 1965, states the intent <br />of Congress that in "... planning any Federal navigation, flood control, reclamation, hydroelectric, <br />or multiple-purpose water resource project, full consideration shall be given to the opportunities, if <br />any, which the project affords for outdoor recreation and for fish and wildlife enhancement ..." At <br />.................._ .~;_~ ~~.:~..:~,.. ....... ......+ 1 C\t;.l:: ~........I..r1~....n 1\.1 ....,.....;1"\ D O..Q.....,"'~... .."'.....t;l"\.., i ",fPnhli", 1 ~u, Sl!Q 7? ~nth()ri7p.c::. <br />.l\..<.:......1 VUU<::l \;.^I.::lLII.lO a;:) VI .l /U..I, IH\,dUUU.L6.l ....... u.JV .................. VII, .......,....u......L.L , V.L .L .................. ............ ......... -. - ---..-----"- <br />the Secretary of the Interior to "... provide for public outdoor recreation and fish and wildlife <br />enhancement facilities, to acquire ... lands ... for public outdoor recreation or fish and wildlife use, <br />and to provide for public use and enjoyment of proj ect lands, facilities, and water areas in a manner <br />coordinated with the other project purposes: ..." The intent expressed by Congress clearly relates <br />to planning and implementation of incidental recreation and fish and wildlife enhancement <br />opportunities and facilities at federal projects where such opportunities and facilities can be <br />accomodated within the primary project purposes. While Public Law 89-72 provides bases for the <br />allocation of separable project "... costs of providing recreation or fish and wildlife enhancement <br />benefits ...," it does not establish such benefits as an authorized or primary project purpose for any <br />or all federal water projects. <br /> <br />Nor does Publjc Law 93-320, the Colorado River Basin Salinity Control Act, alter the authorized <br />purposes of the Navajo Unit. Public Law 93-320 authorizes a program of works "... for the <br />enhancement and protection of the quality of water available in the Colorado River for use in the <br />United States and the Republic of Mexico, and to enable the United States to comply with its <br />obligations under the agreement with Mexico of August 30, 1973 (Minute No. 242 of the <br />International Boundary and Water Commission, United States and Mexico), ..." The program <br />provided by Public Law 93-320 included: construction and operation of the Yuma desalting plant <br />and other works to control return flows and flood flows in the Colorado River valley downstream <br />from Imperial Dam; planning, construction and operation of salinity control units in the Colorado <br />River Basin upstream from Inlperial Dam; and creation of the Colorado River Basin Salinity Control <br />Advisory Council. In chronological order: section IS of the CRSP Act of 1956 required the <br />Secretary of the Interior to make a report to Congress on the quality of water of the Colorado River; <br />section 15 of the Act of June 13, 1962, required the Secretary to make reports to Congress every two <br />years on the suitability of water quality of the Colorado River system for municipal, domestic, and <br />industrial use and for irrigation, the effect of additional water storage and use on the remaining water <br />available for use in the United States, and on possible means of improving the quality of such water; <br />and section 206 of the Colorado River Basin Salinity Control Act of 1974 requires the Secretary of <br />the Interior to submit reports to Congress and others every two years on the Colorado River salinity <br />control program that it authorizes. Study and reporting of water quality and implementation of <br />salinity control units in the Colorado River Basin pursuant to these acts does not create in the Navajo <br />Unit an authorized purpose of improving water quality. <br /> <br />Public Law 102-441, the Jicarilla Apache Tribe Water Rights Settlement Act of 1992, provided for <br />the settlement of the water rights claims of the Jicarilla Apache Tribe. Public Law 102-441 approved <br />a Settlement Contract between the Secretary of the Interior and the Tribe that provides for the <br />diversion and depletion of specified amounts of water under water rights held by the Secretary for <br />the San Juan-Chama Project and the Navajo Reservoir Supply. Although Public Law 102-441 does <br />not designate the uses of the water by the Tribe, section 7 provides that subcontracting of the water <br />made available under the Settlement Contract by the Tribe to third parties to supply water for <br /> <br />II <br /> <br />00753 <br />
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