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<br />M <br />C") <br />Cl':l <br />C'J <br />C <br />o <br /> <br />BACKGROUND <br /> <br />The New Mexico unit of the Central Arizona Project (CAP) on the upper Gila <br />River, was included as part of the CAP at the time of its authorization in <br />1968 (Public law 90-537). Advance planning studies were initiated in 1980 <br />to evaluate alternatives and determine the most economically efficient and <br />environmentally acceptable way to achieve the project objectives. Since <br />that time, a schedule was developed to investigate alternatives to Hooker <br />Dam, the New Mexico feature identified in the authorizing legislation. <br />Hooker Dam was authorized as part of CAP to: <br /> <br />"permit a consumptive use of water in New Mexico of not <br />to exceed an annual average in any period of ten <br />consecutive years of 18,000 acre-feet, including <br />reservoir evaporation, over and above the consumptive <br />uses provided for by article IV of the decrees of the <br />Supreme Court of the United States in Arizona against <br />California (376 U.S.340)." <br /> <br />In the authorizing legislation, it is specified that the project will be <br />developed subject to downstream water rights and will be developed in such a <br />manner so as to cause no economic injury or cost to the holders of these <br />water rights. Recognizing that the Gila River is a totally appropriated <br />water system, this additional water supply potential would be made possible <br />only through an exchange of CAP water with downstream water rights holders. <br /> <br />WATER RIGHTS <br /> <br />Water in the upper Gila River area is in limited supply. The Gila River, <br />one of the principal water supply sources for the area, is totally <br />appropriated and governed under the Gila Decree and Arizona vs. California <br />et. al. decree. The provisions of these decrees preclude development of new <br />rights from the Gila River in New Mexico. This new supply of additional <br />Gila River water to New Mexico would be made possible through an exchange of <br />CAP water with water rights holders (probably the San Carlos Project) in <br />central Arizona. However, providing this supply raises concern over the <br />possible effect on the current river operation, and more directly, on the <br />diversions of water rights holders in Safford and Duncan, Arizona. <br /> <br />Any plan developed to accomplish CAP exchanges in the upper Gila area would <br />require a change in the current operation of the river system. Recognizing <br />the Gila Decree is an "open agreement," any proposals for changing the <br />current river operation would require approval by the Federal District <br />Court. In order to avoid litigation, agreement between the major parties of <br />the Gila Decree is desirable. These major parties include the Gila River <br />Indian Community, San Carlos Irrigation and Drainage District, water rights <br />holders in the Safford and Duncan areas, and the San Carlos-Apache Indian <br />Tribe. <br /> <br />2 <br />