San Juan Basin of New Mexico Water Rights Settlement Jason John, - - PowerPoint PPT Presentation

San Juan Basin of New Mexico Water Rights Settlement

Jason John, Navajo Department of Water Resources

November 7, 2019

Water Rights

• San Juan Basin, NM
• Settlement
• Rio San Jose Basin, NM
• Ongoing Settlement discussions
• Zuni Basin, NM
• Ongoing Settlement discussions
• Litigation
• San Juan Basin, UT
• Settlement pending
• San Juan Basin, AZ
• Little Colorado River Basin, AZ
• Litigation
• Ongoing Settlement discussions
• Mainstem Colorado River, AZ
• Litigation
• Ongoing Settlement Discussions

Water Development & Use Issues

• Quantity

▫ Surface water ▫ Groundwater ▫ Water Rights

• Accessibility

▫ Source: Ground Water or Surface Water ▫ Permitting ▫ Conveyance ▫ Land Status & Right-of-Way

• Reliability

▫ Drought ▫ Maintenance

 Public Water Systems & Wells  Livestock Wells & Stock Ponds  Irrigation Systems

• Quality

▫ EPA Standards

• Funding

▫ To improve quality, accessibility & reliability ▫ Bureaucratic Processes

 Tribal  State  Federal

 Trust Responsibility is Subject to Debate

Plan Design Construction Operation Maintenance

Water Supply Projects

The cost estimate of a project is refined throughout the process depending on the amount of data obtained from the project site, design criteria, and cost of materials.

Water Development Primary Roles

Navajo Area IHS

• 1. Local/Domestic

NTUA

• 1. Operation

and Maintenance

• 2. Fiscal Agent

Navajo Nation

• 1. Regional/

Municipal

• 2. Fiscal Agent

Summary of the Water Rights of the Navajo Nation San Juan River in New Mexico Settlement Component Diversion (afy) Depletion (afy) Navajo Indian Irrigation Project (110,630 acres) 508,000* 270,000 Hogback Irrigation Project (8,830 acres) 48,550 21,280 Fruitland Irrigation Project (3,335 acres) 18,180 7,970 Animas-La Plata Project 4,680 2,340 Navajo-Gallup Water Supply Project 22,650 20,780

• Misc. Municipal Uses

2,600 1,300 Tributary Groundwater 2,000 2,000 Tributary Surface Water (Small Historic & Existing Uses) 26,871 11,308 TOTAL 633,531 336,978** * NIIP average diversion limited to 353,000 afy ** Net San Juan River depletion 327,664 afy Project Authorized Cost Navajo-Gallup Water Supply Project* $870 million Fruitland – Irrigation Project $7.7 million Hogback – Cudei Irrigation Project $15.4 million Funding for Non-Navajo Irrigation $11 million Funding for Project Wells (SJB-NM) $30 million Funding for Water Development Trust Fund $50 million Funding for Project Wells (outside SJB-NM) If available Total $984.1 million

San Juan Settlement, New Mexico

Omnibus Public Land Management Act of 2009: Public Law 111-11

• PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT

▫

• Sec. 10601. Purposes.

▫

• Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.

▫

• Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water.

▫

• Sec. 10604. Project contracts.

▫

• Sec. 10605. Navajo Nation Municipal Pipeline.

▫

• Sec. 10606. Authorization of conjunctive use wells.

▫

• Sec. 10607. San Juan River Navajo Irrigation Projects.

▫

• Sec. 10608. Other irrigation projects.

▫

• Sec. 10609. Authorization of appropriations.

Navajo Nation Department of Water Resources PO Drawer 678 Fort Defiance Arizona 86504

NM Water rights settlement – Implementation by Navajo Nation

Navajo-Gallup Water Supply Project (Completion in 2024)

• Cooperative Agreement – Cutter Lateral Design and

Construction

• Cooperative Agreement – Crownpoint Lateral and

Window Rock Reach 12.3 Design and Construction San Juan Irrigation Rehabilitation (Completion in 2024)

• P.L. 93-638 Model 108 Contact - Planning
• P.L. 93-638 Subpart J Contract – Design and

Construction Groundwater Conjunctive Use Wells Projects

• P.L. 93-638 Model 108 Contract - Planning
• P.L. 93-638 Subpart J Contract – Design and

Construction

Twin Lakes Reach 12A Nageezi Phase 3

NGWSP– Surface Water Supply

Navajo (NM) 22,653 af Jicarilla 1,200 af Gallup (from Jicarilla

• r Navajo)

7,500 af Total 37,764 af Navajo (AZ) 6,411 af

Funded through San Juan Basin of New Mexico water rights settlement Current cost ceiling: $1.135 billion Map shows 2007 EIS Alignment Navajo Nation requests to Amend P.L. 111-11 to allow water to be delivered to Arizona from and Arizona allocation Connections plans are

• ngoing.

Additional uses needed.

NGWSP Construction

• The PCC has also decided to plan of constructing many of the reaches in the Cutter Lateral

since a lot of work has already been done in the past several years due in large part by State of New Mexico, U.S. Department of Agriculture funding, Navajo AML, Chapters and

• thers.
• The PCC has agreed to work with the Navajo Nation in developing reaches on the southern

end of the San Juan lateral to help deliver an interim groundwater supply from Twin Lakes to Navajo Nation communities around Gallup, New Mexico.

• To expedite the construction of the Project, the Bureau of Reclamation conveyed funds to

the Navajo Nation to assist in the construction of the southern reaches of the Cutter lateral and Crownpoint Lateral (including Reach 12.3 for Window Rock) through a Financial Assistance Agreements. The Financial Assistance Agreements are currently in place and preconstruction and construction activities have begun.

• The Bureau of Reclamation entered into financial agreements with the City of Gallup,

Navajo Area Indian Health Service, and Navajo Nation to construct the Project. Reclamation may convey funds to NTUA to construct power facilities.

Cutter Lateral – Reaches 24.1-26

Reach 24.1

100% constructed

Reach 24.1JAN

100% constructed

Reach 26.3

Mobilizing

Reach 26.1 and 26.2

58% constructed Jicarilla Apache

Counselor

Reach 25

100% constructed

Ojo Encino Tank Site

26.1/2 – Pipe Installation