The San Juan River - The Current Controvery WATER, GROWTH AND SUSTAINABILITY: PLANNING FOR THE 21ST CENTURY DECEMBER NEW MEXICO WATER RESOURCES RESEARCH INSTITUTE 2000 Randy Kirkpatrick has a B.S. and an M.A. from NMSU in agricultural education and public administration. Since the late 1980s, Randy has worked with water issues. In 1989 Randy became actively involved with the San Juan Water Com- mission, and in 1993 became the Executive Director for the Commission. THE SAN JUAN RIVER - THE CURRENT CONTROVERSY L. Randy Kirkpatrick San Juan Water Commission 800 Municipal Drive Farmington, NM 87401 INTRODUCTION Act (ESA or the Act), and the Indians may not be able to develop their water even though they have The New Mexico San Juan River Basin (the early priority dates. The Act intended to protect the Basin) located in northwestern New Mexico repre- Colorado Squawfish (now known as the Pike- sents the classic western conflicts for an available minnow) and subsequently the Razorback Sucker, water supply. The controversy in the Basin is the currently limits the water supply for the Animas-La conflict among the historic users, Native American Plata Project (ALP) and may deny water for some claims and settlements, future growth, and endan- additional uses in New Mexico. In effect, the Act gered species. The difficulty comes with balancing holds New Mexico’s remaining allocation of Upper these demands within New Mexico’s allocation from Basin Water hostage, including the water with the the Upper Colorado River Basin Compact and within earliest priority date, which belongs to the Indians. the available water supplies of the San Juan, Animas, Contributing to the controversy is evolving and La Plata Rivers. To give just one illustration, opposition to any structural water development; that basin water development began after 1878, while is, a diversion structure, dam and reservoir. Major Native American reservations were established in environmental organizations have chosen the ALP as 1868, or earlier. These reservations provide an early their “poster child” project and oppose it at seemingly priority date compared to the majority of non-Indian all costs. A partnership between these environ- rights. However, even these early priorities, are, in mentalists and fiscal conservatives opposed to large effect, being challenged by the Endangered Species federal projects bodes ill for western water projects. 41 L. Randy Kirkpatrick Local entities nearing the limit of their real wet water Climate supplies are truly challenged to oppose these The climate of the San Juan River Basin varies emotional nay sayers. All this controversy and from alpine to desert. The higher part of the Basin is conflict means that today demands in San Juan in Colorado with more than 30 peaks of the San Juan County projected under New Mexico’s forty-year Mountains ranging from 12,000 to more than 14,000 planning horizon cannot be met with existing or feet in elevation. The lowest elevation of the Basin is anticipated water supplies. at the confluence of the San Juan River with Lake Powell, about 3,700 feet above sea level. The areas above 10,000 feet have more precipitation and lower THE ISSUE - HOW MUCH WATER WILL winter and summer temperatures. The areas less EXISTING USERS LOSE? than 7,000 feet have relatively mild winters, hot summers, and low precipitation. The most controversial issues are the needs of The wide range of Basin climatic conditions has the endangered fish and the Indian claims, which resulted in a diversified agriculture, ranging from together may use all the available water. When the alfalfa, grass, hay, and pasture at locations of short Navajo Nation and the Jicarilla Apache Tribe growing seasons and cooler temperatures; to corn, complete their planned developments and the small grain, dry beans, truck gardens, orchards and endangered fish are satisfied, there is not enough melons in the lower elevations. water both to continue existing uses and provide for The San Juan River Basin has several developed growth. One possible, but painful, solution may be to recreation areas, including national forest lands, take water for growth in the municipal and industrial national parks and monuments, historical and scenic (M&I) sector from other current users, who most locations, and private recreation sites and likely will be the agricultural users. While we may developments. Tribal units have developed gambling accomplish a transition from agricultural to M&I use, and other recreational facilities to tap the growing it will be very expensive for New Mexico, the Indian demand. The tourist and recreational industry is Tribes, the local governments, and the federal economically crucial to the San Juan River Basin. agencies. Great resistance can be anticipated to the transfer from existing users to the tribal entities and Minerals the fish.The controversy, water for the citizens or Natural gas, crude oil, uranium, vanadium, zinc, for the fish, is the center of current and future lead, sand and gravel, and coal are the more issues in the Basin in New Mexico. important minerals produced in the San Juan River Basin. Petroleum products, including helium as well BACKGROUND as natural gas and crude oil, account for the largest percentage of this production. The total natural gas Location resources of the San Juan River Basin have been The San Juan River Basin is in the Four Corners estimated at about 12 trillion cubic feet. The area of Arizona, Colorado, Utah, and New Mexico. associated helium resources have been estimated at The Basin extends approximately 250 miles east to about 13 billion cubic feet. west and 160 miles north to south. New Mexico The coal resources (mineable) are located encompasses 39 percent of the whole Basin. mainly in the Mesa Verde group of Upper The San Juan River Basin drains an area of Cretaceous Age, which is to or within 3,000 feet of approximately 25,000 square miles and makes up the surface around the margins of the San Juan about one-fourth of the Upper Colorado River Basin. structural basin in Colorado and New Mexico. An The San Juan River is the second largest tributary to estimated 4 billion tons of bituminous coal and 28 the Colorado River. Its source is on the Continental billion tons of sub-bituminous coal were originally Divide in Southern Colorado, and it flows about 350- present in New Mexico. At present, coal production river miles west to its confluence with Lake Powell. is relatively low. 42 The San Juan River - The Current Controvery Land Ownership and Use sustained stream flow. Less than 20 percent of the The New Mexico San Juan Basin has three San Juan River Basin area produces more than 90 Indian reservations, which are prominent in the land percent of the water supply. ownership pattern of the Basin. The lands of the Sixty-five percent of the stream discharge of the Navajo Nation in the Basin include 11,500 square Basin is produced from April through June, the high miles, and include the majority of the New Mexico spring runoff months. This results from melting San Juan Basin. The Ute Mountain Ute land is winter snow from October to April. These surface composed of 890 square miles in Colorado and New flows account for 98 percent of water used, and they Mexico, with a relatively small amount in New represent 63 percent of New Mexico’s entire Mexico. The Jicarilla Apache land area occupies surface water annually. about 1400 square miles in New Mexico, with the At its confluence with Lake Powell, the San majority of that located in the San Juan River Basin. Juan River produces an average of about 2 million Indian holdings represent approximately 60 percent acre-feet (AF) of natural flow annually. Navajo Dam of the San Juan River Basin. The private non-Indian controls about half of this amount upstream. While land is 13.1 percent of the San Juan River Basin and this is a relatively small part of the 15 million AF of is in all states except Arizona. Of the total land in the Upper Basin flow at Lee’s Ferry, the San Juan is the San Juan River Basin, 2.9 percent is state and local sole source of all New Mexico’s Upper Basin government land, with the majority of that being Colorado River water. State land. The Bureau of Land Management, the Forest Navajo Dam and Reservoir Service, and the National Park Service administer The primary San Juan River storage facility in Federal land. Forest Service land includes a large New Mexico is Navajo Dam and Reservoir. This part of the San Juan National Forest in Colorado, facility was authorized as one of the initial units of portions of the Carson and Santa Fe National Forests the Colorado River Storage Project in 1956. The dam in New Mexico, and a portion of Manti-La Sal is 402 feet high, 2,566 feet long and has a total National Forest in Utah. storage capacity of 1,708,600 AF. Construction was National Park land comprises of Mesa Verde completed in 1963 and the facility is truly the National Park, Yucca House National Monument, management cornerstone for the San Juan River and a portion of Hovenweep National Monument in Basin. Navajo Dam plays the critical role in providing Colorado. In New Mexico, the National Park Service river regulation, an assured water supply for the has Aztec Ruins and Chaco Canyon National Navajo Indian Irrigation Project, other contractors, Monuments. In Arizona, National Park Service areas and flow regulation for the seven-year endangered include a portion of Navajo National Monument, and fish research period. This stable water supply has all of Canyon de Chelly National Monument.