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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 />including the Navajo Unit. <br /> <br />Section I of Public Law 87-483, the Act of June 13, 1962, authorized as panicipating projects of the <br />CRSP the Navajo Indian Irrigation Project and the San Juan-Chama Project for the purposes of: "... <br />furnishing water for the irrigation of Imgable and arable lands and for municipal, domestic, anu <br />industrial uses, providing recreation and fish and wildlife benefits, and controlling silt, and for other <br />beneficial purposes, ..." Public Law 87-483 limited the approval of the two projects to the scopes <br />of the projects described in project planning and coordination reports dated 1957, as conditioned in <br />the legislation. Section 8 of Public Law 87-483 specifically authorized the initial stage of the San <br />Juna-Chama Project "... for the principal purposes offurnishing water supplies to... acres of land <br />... in tributary irrigation units in the Rio Grande Basin and ... in the Middle Rio Grande Conservancy <br />District and for municipal, domestic, and industrial uses, and providing recreation and fish and <br />wildlife benefits." While Public Law 87-483 provides for "principal purposes" of irrigation, <br />municipal, domestic and industrial water "uses," it does not provide for recreation and fish and <br />wildlife water "uses," as opposed to incidental recreation and fish and wildlife "benefits." <br /> <br />Congress has considered the language of Public Law 87-483 twice since its passage. The Chairman <br />of the Committee on Interior and Insular Affairs, United State Senate, in its consideration ofS. 614, <br />a bill to authorize the Secretary of the Interior to make water available for a permanent pool for <br />recreation purposes at Cochiti Reservoir from the San Juan-Chama Project, requested views of the <br />Department of the Interior on the bill. The Secretary of the Interior replied by letter dated May 20, <br />1963, a portion of which reads: "Legislation is necessary to authorize the Secretary of the Interior <br />to provide this water because the Act of June 13, 1962, authorizing the development of the initial <br />stage of the San Juan-Chama Project did not authorize provision of water for purposes other than <br />irrigation and municipal and industrial uses." Thus, Congressional authorization was deemed <br />necessary to provide San Juan-Chama Project water solely for recreational, fish and wildlife uses. <br /> <br />Public Law 88-293, the Act of March 26,1964, was needed to authorize the Secretary of the Interior <br />to make water available from the San Juan-Chama Project for use "... for conservation and <br />development of fish and wildlife resources and for recreation ..." via filling and maintaining of a <br />permanent pool in Cochiti Reservoir. Public Law 86-645, the Flood Control Act of 1960, already <br />had provided for the allocation of storage capacity in Cochiti Reservoir and other reservoirs <br />constructed by the Corps of Engineers as pan of the Middle Rio Grande Project to permanent pools <br />for recreation and fish and wildlife propagation; provided, that the water to fill and maintain the <br />pools be obtained from sources outside the Rio Grande Basin. Public Law 88-293 simply permits <br />a portion of the San Juan-Chama Project yield to be used for a specific recreation and fish and <br />wildlife use; it does not otherwise alter Public Law 87-483 or confer upon Navajo Dam and <br />Reservoir a primary purpose of providing recreation and fish and wildlife uses. Similarly, Public <br />Law 93-493, the Reclamation Development Act of I 974, at Section] 401 authorized the release from <br />Heron Reservoir of San Juan-Charna Project water to establish and maintain for ten years a minimum <br />recreation pool in Elephant Butte Reservoir. <br /> <br />In Jicarilla Apache Tribe v. United States, et aI., the 10th Circuit Federal District Court in 1981 <br />found that under the CRSP Act and the Act of .Tune 13, 1962, the principal uses of San Juan-Chama <br />Project water are for irrigation, municipal, industrial and domestic purposes, and all other uses, <br /> <br />9 <br /> <br />00752 <br />
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