Native American Water Rights Settlement Project
 

Alternative Title

Navajo Nation Water Rights Settlement, San Juan River Settlement, NM

Tribes

Navajo Nation (Arizona, New Mexico and Utah)

Settlement

Navajo Nation, San Juan Basin, NM Water Rights Settlement

Reservation

Navajo Indian Reservation

State

NM

Watershed

Upper Colorado Region

HUC Refined

San Juan Basin

Litigation

State of New Mexico v. United States, No. AN-07-001, cv-1975-00184,11th Judicial District, San Juan County, New Mexico

Document Type

Settlement agreement

Publisher

United States

Publication Date

12-17-2010

Abstract

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the US. The Nation agrees not to challenge rights in the Echo Ditch Decree. The Nation shall receive additional Animas-La Plata Project water; the amount will be determined by the water level above Lee Ferry. Whenever water in Navajo Reservoir exceeds 1M a/f at end of May of current year, the Nation will not challenge NM's release of up to 225 cfs to San Juan River users below Navajo Dam. If the San Juan River water is insufficient, the Nation agrees to make a maximum of 12,000 acre-feet available for Shiprock municipal uses and the Hogback-Cudei and Fruitland-Cambridge irrigation projects; depletions from Navajo Dam shall count against the Nation's rights to deplete the Navajo Indian Irrigation Project. NM may administer priority water rights in the San Juan, including those of the Nation, as necessary to comply with interstate compacts. If the Upper Colorado River Commission determines NM must curtail water consumption, the Nation agrees to not exercise its depletion rights for a period of time. NM shall consult with the Nation on appropriations of both surface and groundwater. The Nation may divert groundwater for use in the AZ portion of San Juan River Basin. The Bureau of Reclamation will construct the facilities. NM agrees to deposit $1 million in each of 10 fiscal years for ditch improvement. Appendix 1 Proposed Final Decree; Appendix 2 Proposed Supplemental Final Decree; Appendix 3 Waivers and Releases [Source: http://www.ose.state.nm.us/LAP/NNWRS/Initial%20Disclosures/Court%20Filings/Signed%20Navajo%20San%20Juan%20Settlement%20Agreement.pdf]

Comments

198 pages (when including appendixes) of Settlement between Navajo Nation, US, & NM.

Permanent URL

http://hdl.handle.net/1928/21828

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