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
Water Supply Projects Operation Plan Design Construction Maintenance 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 Navajo Nation 1. Operation 1. Regional/ and Municipal Maintenance 2. Fiscal Agent 2. Fiscal Agent
San Juan Settlement, New Mexico Summary of the Water Rights of the Navajo Nation San Juan River in New Mexico Settlement Component Diversion Depletion (afy) (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
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 Twin Lakes Reach 12A San Juan Irrigation Rehabilitation (Completion in 2024) Nageezi Phase 3 • 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
NGWSP – Surface Water Supply Funded through San Juan Basin of New Mexico Navajo (NM) water rights settlement 22,653 af Current cost ceiling: Jicarilla $1.135 billion 1,200 af Map shows 2007 EIS Alignment Navajo (AZ) 6,411 af Navajo Nation requests to Amend P.L. 111-11 to allow water to be Gallup delivered to Arizona from (from Jicarilla and Arizona allocation or Navajo) 7,500 af Connections plans are ongoing. Total 37,764 af 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 others. • 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 24.1JAN 100% constructed Reach 25 Jicarilla Apache 100% constructed Reach 24.1 100% constructed Counselor Reach 26.1 and 26.2 58% constructed Reach 26.3 Mobilizing
26.1/2 – Pipe Installation Ojo Encino Tank Site
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