S.72
IX THR SEN.ATE OF TIIE T;XITED STATES ,J.\:s'l:,\R1' 9 ( legislnti,·e cl"y, ,J.," l .\RY 8), 195!)
.\11'. .\!\DERSON (fo1· himself and :\fr. ('JLwr,z i11t1·oduced the following bill; which ,ns '"'"d twice and referred to the Committee on interior and Insular Affairs
A BILL
To authorize the Secretary of the Interior to construct, operate, and maintain tho Navnjo Tn<li1m irrigation project and the initial stage of the San Juan-Chama project as participating projects of the Colorado River slorago project, and for other purposes.
1 Be it enacted by the Senate and Houu of Representa -2 tives of the United St,ates of America in Congress assembled, 3 'fhat, for the purposes of furnishing water for irrigation 4 or irrigable and arable lands, municipal, domestic and in-5 <lust1ial uses ( and for other beneficial purposes) , providing 6 recreation and fish ancl wi Id life benefits, controlling silt, 7 the Congress hereby approves as participating projects of
s
the Colorado River storage project the Navajo Indian irri -1--01 gation project, ~ew Mexico, and the San Juan-Chama 2 project, Colorado-New Mexico. Principal engineering works
3 of the Navajo Indian irrigation project shall be a main
4 gravity canal, tunnels, siphons, pumps, and powcrplants
5 for project purposes, laterals, drains, distribution systems 6 and related works. The San Juan-Chama project facilities
7 shall be comprised principally of regulating and storage 8 reservoirs, collection, diversion and conveyance systems, and
10 The KaY,1jo Indian irrigation project and the San
11 Juan-Chama project herein approved are substantially
12 those described in the proposed roordinated report of the
13 Acting Commissioner of Reclamation and the Commissioner
14 of Indian Affairs, approved and adopted by the Secretary 15 of the Interior on October 16, 1957.
16 SEC. 2. Pursuant to the provisions of the Act of April
17 11, 1956 ( 70 Stat. 105) , the Secretary of the Interior is
18 authorized to construct, operate, and maintain the Navajo
19 Indian irrigation project for the principal purpose of furnish-20 ing irrigation water to approximately one hundred and ten
21 thousand ~ix hundred and thirty acres of land, said project 22 to have an a,·erage annual dive1~ion of lh-e hundred and 23 eight thousand acre-feet of water, the repayment of the costs
provi-1 sions of said Act of April 11, 1956 (70 Stat. 105), includ-2 ing, but not limited to, section 4 ( d) thereof.
3 SEC. 3. (a) In order to provide for the most economical 4 development of the Navajo Indian irrigation project, the 5 Secretary of the Interior is hereby authorized and directed 6 to declare by publication in the Federal Register that the 7 D'nited States of America holds in tn1st for the Navajo Ti·ibe 8 of Indians any legal subdivisions or unsurveyed tracts of 9 federally owned land outside tbe present boundary of the
10 Navajo Indi1111 Reservation in New Mexico in tO'\'i'llShips 28
11 and 29 north, ranges 10 and 11 west, and townships 27
12 and 28 north, ranges 12 and 13 west, N cw Mexico principal 13 meridian, susceptible to irrigation as part of the Navajo
14 Indian irrigation project or necessary for location of any of
15 the works or canals of such project: Proi-ided, however, That
16 no such legal subdivi~ion or unsun·cyed tract shall be so 17 declared to be held in trust by the 1I nitcd States for the
18 Navajo Tribe until the Xa,·ajo Tribe shall haYe paid the 19 United States the full appraised value thereof: And provided
20 fu1·ther, That in making appraisals of sul'h land!< the
Secre-21 tary of the Interior ~hnU consider their ,alues as of the date 22 of appro,·al of this .-\<·t. cxeluding therefrom the value of 23 minerals subject to lea~ing under tlie _Act of February 25,
I able minerals shall not be held in trust for the Navajo 'fribe 2 and shall continue to be subject to leasing under the Act 3 of February 25, 1920, as amended, after the lands
contain-4 ing them have been declared to be held in trust by the 5 United States for the Navajo Tribe.
6 (b) The Navajo Tribe is hereby authorized to convey 7 to the United States, and the Secretary of the Interior is 8 hereby directed to accept on beha.JI of the United States, title 9 to any land or interest in land within the above-described IO townships, susceptible to in-igation as part of the Navajo 11 Indian irrigation project or necessary for location of any of
12 the works or canaJs of surh project, acquired in fee simple by 13 the Navajo 'fribe, and after such conveyance said land or 14 interest in land shall be held in trust by the United States 15 for the Navajo Tribe as a pa1t of the Navajo Indian irrigation 16 project.
17 {c) The Secretary of the Interior is hereby authorized 18 and directed to acquire by purchase, exchange, or condemna-19 tion any other land or interest in land within the townships
20 above described susceptible t-0 irrigation as pait of the Navajo 21 Inclian irrigation project or necessary for location of any oi 22 the works or canals of such project. After such acquisition, 23 said lands or interest in lands shall be held by the United 24 States in trust for the Navajo Tribe of Indians anti the price
1 of snch lands or interest in lands or of the land given in
2 exchange therefor hy the United States shall be charged to
3 funds of the Navajo 'l'ribe of Inrliaus 011 deposit in tho
4 Trea~ury of the United States.
5 SEC. 4. In de,·eloping the Kavajo Indian irrigation
6 project, the Secretary is authorized to provide capacity for
7 municipal and industrial water ~upplies or miscellaneous
8 purposes over and 11hove I he di,crsion requirements for 9 irrigatio11 slatrd in ,ection 2 of tbi~ Ad. But such addi
-10 tional capacity shall not he 1·unst111cted and no
appropria-11 tion of funds for such construction shall be made unless, prior
12 thereto, contracts have been executed which, in the
jndg-13 ment of the Se<'retary, provide satisfactory assurance of
ro-14 payment of all costs properly allocated to the purposes
J5 aforesaid with interest as provided by law.
J6 SEC. 5. Payment of operation aml ruainteuance charges
17 of the irrigation feahires of the :Na,ajo Indian irrigation
proj-18 ect shall be in accordance with the provisions of the Act of
19 August 1, 1914 (38 Stat. 582, 583), as amended by the
20 Act of August 7, 1946 (60 8t11t. 867) : Provided, That the
21 Se<·retnry of the Interior in hi~ tlis<>rt>tiou mny tran~fer to thr
22 Navajo 'l'ribe of Indians the care, operntio11, and
mainte-23 11ance of all or any part of the N a\·ajo Judian irrigation pro.i -24 ect works, subject to such n1lcs and regulations as he may
1 prescribe, and, in such event, the Secretary may transfer to
2 the Navajo Tribe title to mo,able property ncecssary to the 3 operation and maintenance of project works.
4 SEC. 6. (a) Pursuant to the proYisions of the Act of
5 April 11, 1956 (70 Stat. 105). tue Secretary of the In-6 terior is authorized to constmct, operate, and maintain an
7 initial stage of the San Juan-Chama project, Colorado-New 8 Mexico, for the principal purpo,es of furnishing water sup-9 plies to approximately thirty-nine thon~and three hundred
10 acres of land in Cerro, Taos, Llano, and Pojoaque tributary
11 irrigation units in the Rio Grande Basin, about eighty-one
12 thousand six htmdrcd acres of land in the cxi~ting :liiddle Rio 13 Grande Conservancy District, and municipal, domestic, and 14 industrial u$eS, and providing recreation and fbb and wildlife
15 benefits, said initial stage to ha,e an average annual diversion
16 of one hundred and ten thousand acre-feet of water.
Princi-17 pal engineering works of the initial stage de,elopmcnt in-18 voking three major elements, shall include diversion dams
19 and conduits, storage and regulation facilities at the Heron
20 Xumbered 4 Reservoir site and enlargement of outlet works 21 of the existing El Vado Dam, and water use facilities con-22 sisting of reservoirs, dams, canals, lateral and drainage sys-23 terns, and associated. works and appu1ienances. The
con-24 struction of recreation facilities at the N amhe Reservoir shall 25 be contingent upon the Secretary's making appropriate
ar-1 rangements with the governing body of the Nambe Pueblo for
2 the operation and maintenance of such facilities, and the
con-3 struction of recreation facilities at the Heron Numbered 4,
4 V aJdez, and Indian Camp Reservoirs shall be contingent
5 upon the Secretary's making appropriate arrangements with 6 a State or local agency or organization for the operation and
7 maintenance of tho~e facilities: Provided,
That-s
(i) all works of the project, both in its initial stage9 and in its final development, shall be constructed so as
10 to permit compliance physically with all pro,isions of
11 the Rio Grande compact, and all such works shall be
12 operated at all times in conformity with the Rio Grande
13 compact;
14 (ii) the amount of water diverted in the Rio
15 Grande Basin for u~cs served by the San Juan-Chama
16 project shall he limited iu any calendar year to the
17 amount of imported water a,ailable to such uses from
18 importation to ancl storage in the Rio Grande Basin in
19 that year;
20 (iii) details of project operation essential to the
ac-21 c-0unting of diverted San Juan and Rio Grande flows
22 shall be cooperatively developed through the joint efforts
23 of the Rio Grande Compact Commission, the
appropri-24. ate agencies of the United States and of the Stmes of
proJ-1 ect entities. In this connection the Statei- of Texas and 2 New llf Pxico ~hall agree, within a reasonahle time, on 11, 3 sy$tent of gaging deviC'es and measurements to ~ecnrc 4 clatn neecs..-ary lo determine the present effects of tribu-5 lary irrigation, as well as present river channel losses: 6 P1·ovideil, That if the State of Texas shall require, as o.
7 prcccclent to such agreement, gaging devices and meas-8 uremcnts in addition to or different from those
consid-9 ered by the Department of the Interior and the State of 10 New :Mexico to be necessary to this determination, the 11 State of Texas shall pay one-half of all costs of con-12 structing and operating such additioruil or different 13 devices and making such additional or different measure-14 ment-s which are not borne by the Uuit~d States. 'fhe 15 results of the action required by this sub~ection shall be 16 incorporated in a written report transmitted to the States 17 of Colorado, Texas, and New :Mexico for comment in JS the manner provided i.Jt the Flood Control Act of 1944, 19 before any appropriation shall be • .made for project
20 constn1ction.
21 (b) The &ereta.r.v of the Interior is hereby authorized 22 to construct the tunnel and «'oudnit works of the initial st-age 23 of the San ,Juan-Chamn project with sufficient capacity for 24 future diversion of un twerage of two hundred and thirty-25 five thoul:lllnd acre-feet per annum, and to recognize the cost
1 of providing such additional capacity as a deferred obliga -2 tion t-0 be paid at snch time as the a{lditional capacity may
a
be required.4
Sxo.
7. (a) No person shall have or be entitled to have 5 the use for any purpose, including uses under the Navajo 6 Indian irrigation project and the initial stage of the San J uan-7 Chama. project authorized by sections 2 and 6 (a.) of this8 Act, of water stored in Navnjo Reservoir or of any other 9 waters of the San .Tuan River and its tributa.ries originating 10 above Navajo Reservoir to the use of which the United States 11 is entitled, oxcept under contract satisfactory to the Secretary
12 of the Interior and confonning to the provisions of this Act. J3 Such contracts, which, in the case of water for Indian uses, 14 shall be executed with the Kavajo 'fribe, shall make provision, lil in any year in which the Secretary anticipates a. short-age 16 taking into m·cu1111t hoth tlw proHpec:tivc runoff originating 17 above Xavajo Hesern,ir and the aYailable water in storage in 18 N avojo Reservoir, for a sharing of the available water in the 19 following manner: The prospective runoff shall be a ppor-20 tioned between the contractors diverting above and those di
-21 ,·erting at or hclow Xav11jo lfr~c·n·oir in the proportion that :t2 the total noru1al <lin·r~ion re11uirrmr11t
or
e11C"h group beaf!l to 2:J the tot-a) of all normal clivcr»1on requirement~. In the case of 24 contractors diverting above Navajo Reservoir, each such con-25 tract shall provide for a sharing of the runoff apportioned t-01 said group in the same proportion as the normal diversion re-2 quirement under said contract bears to the total normal diver-3 sion requirements of all such contracts that have been made 4 hereunder: Provided, That for any year in which the foregoing 5 sharing procedure either would apportion to any contractor 6 diverting abO'\'e Na"ajo Resen·oir an amount in excess of the
7 runolI anticipntecl to be physically available at the point of his 8 diversion, or would result in no water being available to one
9 or more such contractors, the nmoff apportioned to said group 10 shall be reapportioned as near as may be among the con-11 tractors di,erting above Na,ajo Reservoir in the proportion
12 that the normal diversion requirements of each bears to the
13 total normal di"ersion requirements of the group. In the ca~e
14 of contractors diverting from or below ~a.,ajo Reservoir, each
15 such contract shall provide for a sharing of the remaining
16 nmoff together with the available storage in the same
pro-17 portion as the nonna.l diversion requirement under said
con-18 tract bears to the total normal diversion requirements under
19 all such contracts that have been made hereunder.
20 The Secretary shall not enter into contracts beyond a 21 total amount of water that, in his judgment, in the event of 22 shortage will result in a reasonable amount being available 23 for the diversion requirements for the :Navajo Indian irri-24 gation project and the initial stage of the San Juan-Chama 25 project as specified in sections 2 and 6 (a} of this Act.
1 (b) In the event contracts are entered into for delivery
2 from storage in Navajo Reservoir of water not covered by
3 subsection (a) of this section, such contracts shall be sub-4 jcct to the same provision for sharing of available water 5 supply in the event of shortage as in the case of contracts 6 required to be made pursuant to subparagraph (a) of this 7 section.
8 (c) This section shall not be applicable to the water
re-9 quirements of the existing :Fruitland, Ilogback, Cudai, and
10 Cambridge Indian irrigation projects, nor to the water
re-11 quired in connection with the extension of the irrigated
acre-12 ages of the Fruitland and Hogback Inruan irrigation projects
13 in a total amount of approximately eleven thousand acres.
14 SEO. 8. Section 12 of the Act of April 11, 1956, 70
15 Stat. 105, shall not apply to the works authorized by this
16 .Act. There are hereby authorized to be appropriated out
17 of any moneys in the Treasury not otherwise appropriated,
18 such funds as may be required to carry out the purposes of 19 this Act, but not to exceed $221,000,000 (January 1958 20 prices) plus such amounts, if any, as may be required by
21 reason of changes in construction costs as indicated by en-22 gineering cost indexes applicable to the types of constn1c-·
23 tion involved therein and, in adrution thereto, such sums 24 as may be required to operate and maintain the projects.
1 is hereby amended as follows: (i) In section 1, subsection
2 (2), 11fter "Central Utah (initial phase)" delete the colon
3 and insert in lien thereof a conuna; {ii) in sectio11 5,
sub-4 section ( e) in the phrase "herein or hereinafter
author-5 ized" delete the word "hereinafter" and insert in lieu
there-6 of the word ''hereafter"; {iii) in section 7 in the phrase
7 "and any contract lawfully entered unto under said
