Sharing Shortages On the San Juan River New Mexico Water Dialogue 20th Annual Statewide Meeting January 9, 2014 In 2003, water users and managers on the San Juan River in NW NM were confronted with an issue they had never faced since the construction of Navajo Dam in the 1960’s; a potential water shortage.

San Juan River The SJ River is located in the 4 Corners region of the US Navajo Reservoir stores water from 3 rivers behind Navajo Dam, a unit of the CRSP built in the 1960’s. Releases are made to the SJ River and the River flows eventually into Lake Powell, 224 miles downstream

Why a shortage sharing agreement is needed Demand > Supply = water supply shortage Lack of State of New Mexico water administration Cooperation among major water users needed to share shortages equally - As far as why a plan for sharing water had to be developed, one number sums it up: 2002. Like other areas throughout the West, the historic drought of 2002 hit the SJ Basin hard as well.

Competing Placed a greater strain on the competing uses in the basin. It was clear that we were facing a crises. A crisis that would have pitted farmers vs. ESA; Indian tribes vs non-Indian users; and state water law against Federal responsibilities Uses

This graph shows what happened in the basin in 2002 Full Reservoir 6,085 ft Max Elev: 6,032 ft Min Elev: 6,013 ft This graph shows what happened in the basin in 2002 Blue line in inflow (in cfs – left vertical axis) = 15% of average (10% of Apr-Jul avg) Black line is reservoir elevation (in feet – right vertical axis). Fortunately, the reservoir went into 2002 in pretty good shape (black line) Started at around 6060 (79% full – 100% of average EODec content) Red line is release to river (in cfs) Gray section is release to NIIP (through a separate outlet near the left abutment of the dam) Lake lost 48 feet in elevation (500,000 + af) over the course of the year. While this is a grim graph, it does show one thing: the reservoir did it’s job in 2002 – supplied water in dry times that it had stored in wetter times Jan03 Forecast = predicted 65% of avg

Key Concepts of Agreement Shortages will be shared equally Users determine how shortages will be applied Shortages will be calculated by Reclamation using NWS minimum probable inflow forecast, forecasted demand, and reservoir storage Other provisions unique to individual water users agreed upon by the endorsing parties 2 Distinct user groups in the basin: those who are authorized to use Navajo Reservoir storage water and those who divert a direct-flow water right directly from the river d/s of the dam. Both groups were represented here.

The Players Contractors and Direct-Flow Diverters 2 Native American Tribes 4 Irrigation Companies 3 Industrial Companies 1 Municipality Non-signatory Parties 3 Federal Agencies 1 State Agency SJ Basin Recovery Implementation Program 2 Distinct user groups in the basin: those who are authorized to use Navajo Reservoir storage water and those who divert a direct-flow water right directly from the river d/s of the dam. Both groups were represented here.

Constraints/Issues Lack of Administration on River (agreement was to be a temporary solution) Public Laws 87-483 & 111-11 Endangered Species Act Other Federal Environmental Laws Ongoing Adjudication of Water Rights Differing Legal Opinions Economic Impact Mistrust of Government P.L. 87-483 (aka the 1962 Act), authorized the construction of NIIP and initial stage of SJ-Chama contains (like most Reclamation project authorizations and contracts) shortage sharing provisions. Written in such a way as to provide several interpretations and also assumed full administration of the river State lacked necessary infrastructure and system to administer river The SJR is home to two species of endangered fish (Colo pikeminnow and razorback sucker). Flow recommendations have been developed by the SJRIP and are designed to better mimic a natural hydrograph (i.e., high spring peak flows, lower base flows rest of the year). To operate Navajo Res to meet flow recommendations, Reclamation began preparing an EIS in 1999 – had not been completed in 2003 (still not in 2004). In order to comply w/ NEPA, operational limitations Ongoing adjudication of water rights in the basin NIIP Diversion – 5990 elevation of main headworks into canal There were differing legal opinions regarding quantity of water rights; who had right to water released from storage; General mistrust of state and federal gov’t

Results Cooperative Solution Avoided Litigation Complied with State and Federal Laws Minimal Shortages to Users Drought Continues Minimal Carry-Over Storage Unprecedented cooperation in SJR basin Shortages – ditches delaying start of irrigation season; powerplants taking voluntary reduction of 5%; NIIP conservation practices

Lessons Learned Check agendas at the door Get consensus on the problem Recognize “No Action” alternative Identify and classify Issues “Must be addressed” “Can be set aside for future resolution” Identify flexibility and quantify risks Philosophy: “Minimize losses”; not “Maximize gains”

Changes on the horizon? Navajo Top Water Bank Authority to Administer the San Juan River