HOUSE JOINT MEMORIAL 43

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Richard P. Cheney

A JOINT MEMORIAL

REQUESTING THE STATE ENGINEER AND THE INTERSTATE STREAM COMMISSION TO INCLUDE ALL STAKEHOLDERS IN THE POTENTIAL SETTLEMENT OF WATER RIGHTS OF THE NAVAJO NATION.

     WHEREAS, the state engineer and the interstate stream commission filed an adjudication in 1976 to define all water rights for Indians and non-Indians within the San Juan river basin to comply with statutory responsibilities; and

     WHEREAS, primary discussions have been held between representatives of the state engineer, the interstate stream commission and the Navajo Nation; and

     WHEREAS, the period of public comment has not allowed all stakeholders to clearly understand the complexities of the proposed settlement or to properly and fully express their concerns; and

     WHEREAS, the San Juan river adjudication court will define the final nature and extent of the Navajo Nation's water rights, and all stakeholders will be directly affected by the court's decision; and

     WHEREAS, Indian and non-Indian water users have expressed concerns about the proposed settlement and would like to obtain additional information about how the settlement will affect their use of water; and

     WHEREAS, the proposed settlement will require the support of the New Mexico congressional delegation, congressional approval and significant federal funds; and

     WHEREAS, it is vital that the majority of stakeholders and citizens in the San Juan river basin understand, support and benefit from the proposed settlement between the state of New Mexico and the Navajo Nation; and

     WHEREAS, the proposed settlement will cost the state of New Mexico as much as thirty million dollars ($30,000,000); and

     WHEREAS, the magnitude of the amounts of water in the proposed settlement and other diversions within the San Juan river basin require the state engineer to develop a detailed management plan for all waters in the San Juan river system;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state engineer be requested to investigate and analyze how the proposed settlement with the Navajo Nation will affect all stakeholders in the San Juan basin; and

     BE IT FURTHER RESOLVED that the state engineer and the interstate stream commission develop a comprehensive water management plan to ensure equitable distribution of all Indian and non-Indian waters within the San Juan basin; and

     BE IT FURTHER RESOLVED that the state engineer delay the implementation of the proposed settlement for at least six months so stakeholders can obtain all necessary information they need from the state engineer and the interstate stream commission to analyze the proposed settlement's effect on existing water rights; and

     BE IT FURTHER RESOLVED that the state engineer and the interstate stream commission report progress and status to the appropriate interim committee by August 30, 2004; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state engineer, the interstate stream commission and members of the New Mexico congressional delegation.

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