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I. I . . 2 che Navajo Nation, along wich che JicarilJa Apache Indian Tribe, do not agree With che i.auance of this determination until after their respective water rights claial UDder the Winters Doctrine have been established. II. Introduction The Act of June 13, 19&2 (7& Stat. 9&, Public Law 87-4ij3), authorizing the Navajo Indian Irrigation Project and che San Juan-Chema Project, provides in ~cl..ci.jn II ~h.t ~l;..a Jl6C.4"iCa4;j vt !ut...i.UI. :>>~,.l.l uu.. cu,." ,,"ur.u ~uu~-~llIr. contracts for che delivery of water from Navajo Reservoir until he hat made certain hydrologtc determinations as to water availability, hea submitted such determinations. to the Congreas, and the Congress has approved such contracts. Section 11(a) of the act provides in part thet: "N~ lonl-tem contract; except contnett for the benefit of the lands and for the purposes specified in sactions 2 lNavajo ladian lrrigacion Projecc] and 8 [San Juan-chama Project} of this Act, .hall be entered into for the delivery of wacer stored in Navajo a.aervoir or of any other wacers of the San Juan River and its tributaries, .. afore.aid, until the Secretary a&l determined by hydrologic inv..ri,atioD. that sufficient water to fulfill said contract is ~easonably likely to be available for use in the State of New Mexico durina the ~.rlII thereol under the allocatione made in artiC:es III and XIV of the Upper Colorado River Basin compact, and has submitted lucn determination to the Congre.. of the United State. and the Congre.. baa approved aucb contra~ts." The act also authorized the Secretary to market water from Navajo Reservoir for other municipal and industrial uses in New Mexieo if ~. deteratnes on the ba.i. of hydrologic inveatigatioo that such wacer is reasonably l!.kaly to be available. In December 19&3, the Secretary determined thac depletions UDder long-term eontracts from Navajo Reservoir could reasonably be allowed to rise to 100,000 acre-feet per annum up to the year 2005. In November 1967, that determination was submitted co the Congres., and on March 22, 1968, Senate Joint aesolution 123 (Public Law 90-272) w.. adopted, authorizing three long-term contracts with a total estimated annual depletion of 51,550 acre-feet. It is now, however, no longer practicable to .ell watar to meet long-term demand. from the Navajo Reservoir supply under tbe Secretary of the Interior'. 1963 determination. Under that determination, the contracts must . terminate in year 2005, which leaves less than 21 years for contractors to develop a project and reeover inve.t~ents. As an example, a 40-year water service contract w1th Utah laternatioaal Inc. (UII), to eonsuaptively uae 35,30U acre-feet of water from Navajo Reservoir, was approved by Public Law 90-272. !he investment co.ts ror the project envisioned by UIZ cannot po..ibly be fully depreciated by the year 2005. !herefore, in order that: (1) UII can use the water in an energy projeetj (2) the United Scates can realize significant repayment coward the investment costs of the Colorado River Storage Project; . and (3) other competing users can more fully utilize the remainiag interim supplies in Navajo aesarvoir, tha Stata of New Mexieo ha. requested the availability of che Navajo Reservoir water supply-be certified past the year 2005.