Laserfiche WebLink
<br />j.-- <br />-- <br /> <br />I <br /> <br />supply contracts, 4Il proposed for other use~upported by the state. <br /> <br />In an unusual, if not unique, provision the law authorizing <br /> <br />the San Juan-Chama and Navajo Projects in 1962 (PL 87-483) pro- <br /> <br />hibits the Secretary of the Interior from entering any contract <br /> <br />for water from Navajo Reservoir for municipal and industrial <br /> <br />purposes until the Secretary has determined by hydrologic investi- <br /> <br />gation that sufficient water is available in New Nexico's alloca- <br /> <br />, <br />-' <br /> <br />cation to fulfill the contract and until the Congress has approved <br /> <br />.the contract. <br /> <br />At the insistence of the state, the Secretary of the Interior <br /> <br />directed an hydrologic investigation which was reported to the <br /> <br />Assistant Secretary by the Commissioner of Reclamation on November <br /> <br />26, 1963 and approved by the Assistant Secretary on December 5, 1963. <br /> <br />On the basis of this investigation the Secretary on November 21, <br /> <br />1967 transmitted to the Congress his determination that there is <br /> <br />available under the Secretary's rights in the San Juan River <br /> <br />system in New Mexico sufficient water for contracts allowing a <br /> <br />depletion of 100,000 acre-feet annually provided that the terms <br /> <br />of the contracts are limited to the year 2005. The most difficult <br /> <br />problem confronting the Secretary in this investigation was a <br /> <br />determination of what part, if any, of the 1944 Mexican Treaty <br /> <br />obligation would have to be met by releases from the Upper Basin <br /> <br />in excess of the 75 maf in each period of ten consecutive years <br /> <br />required by Article III(d) of the 1922 Compact. <br /> <br />The Secretary's determination was able to avoid, or at least <br /> <br />defer, an interpretation of the provisions of the Compact dealing <br /> <br />with the Nexican Treaty obligation. This was done on the basis <br /> <br />of projections of future development in the Upper Basin that <br /> <br />-15- <br />