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.. Mr. Ken Beck April 8, 2002 Page 4 seems to suggest that all water users in the San Juan River Basin are bound by past decisions on baseline depletions unilaterally made by the Service and a federal action agency, on behalf of a project sponsor, without opportunity for review and input by others except perhaps Indian tribes. Such suggestion is not consistent with the charge given to the Hydrology CommIttee to evaluate baseline depletions and make recommendations to the Service regarding baseline depletions. Nor is such suggestion consistent with the model disclaimer adopted by the Coordination Committee that: "The [San Juan River Basin RiverWare hydrology] model data, methodologies and assumptions do not under any circumstances constitute evidence of actual water use, water rights or water availability under compact apportionments and should not be construed as binding on any party." The model data and assumptions include baseline depletions that were used by Reclamation for the ADEIS. The Service, the BrA and Reclamation all participate in the SJRBRIP. Under the SJRBRIP, the Hydrology Committee is charged with reviewing the RiverWare hydrology model for the San Juan River Basin and making recommendations to Reclamation regarding model improvements, evaluating operating rules for reservoirs in the Basin for their ability to meet authorized project purposes, and evaluating baseline depletions for the hydrology model and making recommendations to the Service regarding baseline depletions. The model improvements being evaluated by the Hydrology Committee at this time do not include revisions to the baseline depletions. However, the State of New Mexico certainly would support discussion by the Hydrology Committee regarding needed changes to the baseline depletion scenario. On a technical note, the Jicarilla Comments infer that about 17,000 acre-feet of the Nation's Navajo Reservoir Supply contract water is included in the baseline depletions used by the ADEIS. It is the use, not ownership, of water that is in the baseline depletions. For example, the baseline depletions include diversion and depletion of 16,200 acre-feet of water for use at the San Juan Power Plant. The water for said use will be supplied by the Secretary of the Interior through 2005 and by the Nation, pursuant to its contract with the Secretary, during the period 2006-2027. Lastly, the Commission shares the Nation's concern, in principal. about possible taking of water or contract rights by the federal govemment to provide water for protection of endangered fish species. This issue in New Mexico is not limited to the San Juan River Basin, but is a statewide issue. In June 2000, the Governor and the Lieutenant Governor of the State of New Mexico issued a Joint Statement on Meeting Endangered Species Act Challenges on New Mexico Rivers which set forth the following principles on this issue: (I) the acquisition of water and the use of water must be in accordance with state water law and state water rights administration; (2) new uses of water must not interfere with New Mexico's ability to perform under interstate compacts; and (3) the federal government must pay for water it requires for endangered species through willing buyer/willing seller transactions. The US Constitution prohibits the government from confiscating property without just compensation. Consistent with State of New Mexico policy. the Commission believes that Reclamation must provide compensation to rights holders that are willing to forebear the use of their water or 00713