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<br />M <br /> <br />. <br /> <br />. <br /> <br />C7 <br /> <br />"No long-term contract, except' contracts for the <br />benefit of the lands and for the purposes specified in <br />sections 2 and 8 of this Act, shall be entered into <br />for the delivery of water stored in Navajo Reservoir or <br />of any other waters of the San Juan River and its tribu- <br />taries, as aforesaid, until the Secretary has determined <br />by hydrologic investigations that sufficient water to <br />fulfill said contract is reasonably likely to be available <br />for use in the State of New Mexico during the term thereof <br />under the allocations made in articles III and XIV of the <br />Upper Colorado River Basin compact, and has submitted such <br />determination to the Congress of the United States and <br />the Congress has approved such contracts: Provided, That <br />nothing contained in the foregoing shall be construed to <br />forbid the Secretary from entering into temporary water <br />supply contracts in the San Juan River Basin for any year <br />in which he determines that water legally available for <br />use in the upper basin of the Colorado River system would <br />otherwise not be used there and is not needed to fulfill <br />the obligations of the upper division States with respect <br />to delivery of water at Lee Ferry." <br /> <br />We see nothing in this provision which requires the <br />Secretary of the Interior to make a finding as to how much water <br />will ultimately be available to the State of New Mexico. Such a <br />finding would involve a complete interpretation of the Colorado <br />River Compact and the Upper Colorado River Basin Compact, based <br />upon far distant and unknown conditions. It is not likely therefore <br />that the Secretary will attempt to make any findings as to how much <br />water will eventually be available to New Mexico from Navajo Reser- <br />voir. <br /> <br />According to the best information that we have at this <br />time, there are no specific contracts for water from Navajo Reser- <br />voir now pending before the Secretary of the Interior. That being <br />the case there is nothing for the Secretary to decide at this time. <br />The Secretary, of course, will never guarantee to any water users <br />from the Navajo Reservoir that a stated amount of water will be <br />delivered each year. At the present time there is no science known <br />to mankind by which future stream flows can be accurately predicted. <br />The project legislation provides for a shortage sharing formula <br />among water users from Navajo Reservoir. Regardless of what future <br />stream flows may be therefore, or what the Secretary may find with <br />reference to these future stream flows, any contracts made with <br />water users from Navajo Reservoir will contain this shortage shar- <br />ing provision. <br /> <br />Memo <br /> <br />-2- <br /> <br />August 20, 1963 <br />