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Last modified
1/26/2010 2:24:46 PM
Creation date
10/12/2006 1:55:56 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400
Description
Colorado River Basin Briefing Documents-History-Correspondence
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
10/1/1999
Author
DOI-BOR
Title
Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment-Lower Division States - Appendix H-Section III
Water Supply Pro - Doc Type
Report/Study
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />000617 <br /> <br />April 2, 1998 <br /> <br /> <br />I F OFFICIAL FILE COpy_O <br />,RECEIVED 3 B <br />REPLY DATE <br />DATE INITIAlS <br /> <br />Via e-mail and Regular Mail <br /> <br />J <br /> <br />Dale Ensminger <br />Boulder Canyon Operations Office Classification <br />Bureau of Reclamation Pro'eel <br />P.O. Box 61470 Control No. I <br />Boulder City, Nev~da 89006-1470 ! Folder 1.0, -; <br />U:')",'/oro -----'--'--1 <br />_..t__.____ <br />RE: Proposed Rulemaking for Offstream Storage of Colorado River Water and Interstate ---- <br />Redemption of Storage Credits in the Lower Division States, 62 F.R. 68492 (December 31, <br />1997). <br /> <br />Dear Mr. Ensminger: <br /> <br />The Navajo Nation appreciates the opportunity to comment on the proposed rulemaking <br />concerning offstream storage of Colorado River water and interstate redemption of storage <br />credits in the Lower Division States. Please consider this letter as comments submitted on behalf <br />of the Navajo Nation in response to the above-referenced rulemaking. <br /> <br />Interests of the Navajo Nation <br /> <br />The Navajo Nation is the largest federally recognized Indian tribe, with a reservation <br />located in the Upper and Lower Divisions of the Colorado River in the states of Arizona, New <br />Mexico, and Utah. Although the Navajo Nation's water rights within the Colorado River System <br />have not been adjudicated, it possesses vested reserved water rights with an early priority. The <br />United States Supreme Court recognized that such rights are "present perfected rights" entitled to <br />priority at least as early as the date the Navajo Reservation was established. See Arizona v. <br />California 373 U.S. 546 (1963). The mainstem Colorado River rights of the Navajo Nation in <br />the Lower Basin were not quantified in Arizona v. California and pose a potential "shock" to the <br />allocations of water in that system. See Allen V. Kneese and Gilbert Bonem, Hypothetical <br />Shocks to Water Allocation Institutions in the Colorado Basin, New Courses for the Colorado <br />River: Major Issues for the Next Century at 97 (Weatherford & Brown, eds. 1986). The <br />proposed rule does not recognize the vested mainstem water rights of the Navajo Nation nor the <br />rights of the Hualapai and Havasupai Tribes in the Lower Basin. Any mechanism that attempts <br />to allocate storage credits will potentially run'afoul of the rights of these tribes. <br /> <br />General Comments <br /> <br />We are in receipt of and concur with the comments submitted on behalf of the Fort <br />Mohave Indian Tribe. Those comments should be considered incorporated as modified herein. <br /> <br />Comment No. I. We agree with the Fort Mohave Indian Tribe that the proposed rule <br />
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