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.

   


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