Criticism of Navajo
Water Rights Agreement Mounts
by Jim Snyder
The
Daily Times
17 December 2003
FARMINGTON
— Critics accused the New Mexico state water engineer and the
Navajo Nation Monday of “railroading” a proposed Navajo
water rights settlement. The entities hoped to have the
agreement for the San Juan Basin to Congress by March 2004 —
without enough time for water basin users to adequately review
it.
The
state, which released the agreement Dec. 5, has stipulated a
Jan. 15 deadline for public comment.
During
a public meeting at the Farmington Civic Center — attended by
more than 200 people — some basin water users also criticized
the state and the Navajo Nation for holding closed-door meetings
over the years to come up with the proposed agreement, saying it
denied their input.
“All
of the negotiations taking place to my knowledge have been
secret,” said Steve Cone, with the Citizens’ Progressive
Alliance. “I think the state has failed the people of New
Mexico by going this far, this fast, without everybody sitting
at the table. ... It’s not an ambitious schedule. It’s a
reckless schedule.”
State
Engineer John D’Antonio and Navajo water attorney Stanley
Pollack did not deny allegations that they held closed-door
meetings.
“We’re
not talking about the settlement of anyone’s water rights
except the Navajo Nation. ... We’re not going to apologize,
the public was not involved in discussions between the Navajo
Nation and the state engineer,” Pollack said.
“This
is the start of the open part,” D’Antonio said in reference
to the drafted water rights settlement being released Dec. 5 and
the public meeting being held.
Jack
Scott, a former Aztec city commissioner, said, “I certainly
hope all meetings in the future will be open to the public and
the press.”
Scott
added he was concerned because audience members were being asked
to give comments on a 120-page water settlement they had never
seen. A 10-page draft summary of the agreement was passed out at
the start of the meeting.
Basin
water users — including Farmington, Aztec and the San Juan
Agricultural Water Users Association — said there was not
enough time to review the proposal before the state’s deadline
of Jan. 15 for public comments.
“Although
the state and the Navajo Nation are anxious to have the bill
before Congress by March, we suggest this is simply not a
reasonable time frame,” said Mike Sullivan with the San Juan
Agricultural Water Users Association, which represents 36
ditches in the basin. “We do question the amount of time. This
process has been going on for eight years and we’re supposed
to have comments by Jan. 15?”
Sullivan
added, “To have a basinwide settlement you have to have
everyone at the table. We’re asking to be able to sit across
the table. ... All we’re asking for is equal protection.”
D’Antonio
said he would be willing to meet with the association.
City of
Aztec and Farmington representatives also made
comments.
“At
this time the city of Aztec is not in a position to offer
congressional support,” Aztec Mayor pro tempore Mike Arnold
said. “We simply do not have enough information. ... We need
to become part of the negotiation process.”
City of
Farmington attorney Jay Burnham added, “The city of Farmington
has not had time to review an official position on this. ... We
are concerned that industrial and municipal uses (as outlined in
the proposal) will be basically flat for the next 60 years. We
know that is not going to happen.”
John
Whipple, with the Interstate Stream Commission, said, “We’d
be happy to come and meet with the city of Aztec and other
cities up here.”
The
Navajo Nation wants to keep the March 2004 time frame for the
proposal to go before Congress, Pollack said.
“We
have a remarkable window of opportunity to get the bill through.
... Right now the stars are aligned to get the water rights
settlement,” Pollack said. “It may not be perfect but it’s
an opportunity we don’t want to miss. ... We think the
settlement is good. We think the settlement is fair.”
Pollack
added, “The reason we are getting comments is to try to get it
right. Will we succeed? Probably not. You’re not going to make
everybody happy in the San Juan Basin.”
“I
feel we’re getting railroaded tonight,” audience member Zang
Wood said. “ When the government says ‘trust us,’ I get
worried.”
The
Navajo Nation is counting on U.S. Sen. Pete Domenici, R-N.M., to
support the water rights settlement in Congress in March 2004,
Navajo Division of Natural Resources Director Arvin Trujillo
said Dec. 5.
Navajo
Council Delegate LoRenzo Bates of Upper Fruitland said in a
recent interview he was concerned the Navajo Nation may have
struck a compromise with Domenici, exchanging their opposition
to his energy bill — expected to resurface when Congress
reconvenes in January — for his support on the water rights
settlement.
The
Navajo Nation has been opposed to reintroducing any form of
uranium mining on the reservation.
The San
Juan River Dineh Water Users will have a public meeting at 2
p.m. Thursday at the Shiprock Chapter House to discuss the water
rights settlement.
The
state engineer and the Navajo Nation’s next public meeting is
scheduled 6 - 8 p.m. Jan. 5 at the Shiprock Chapter House.
Public
comments can also be sent by Jan. 15 to: John Whipple, New
Mexico Interstate Stream Commission, P.O. Box 25102, Santa Fe,
NM, 87504-5102. Whipple’s e-mail is jwhipple@ose.state.nm.us
Comments
can also be sent to: John Leeper, Navajo Nation Department of
Water Resources, P.O. Drawer 678, Fort Defiance, AZ, 86504.
Leeper’s e-mail is johnleeper@navajo.org
D’Antonio
said copies of the complete 120-page water rights settlement are
available at the Farmington, Aztec and Bloomfield public
libraries, the state engineer’s Web site www.ose.state.nm.us
as well as at the Aztec District Court clerk’s office.
Reprinted
as an historical reference document under the Fair Use doctrine
of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html
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