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Recommendations for San Juan River Operations

and Administration for 2013 through 2016

July 2, 2012

The endorsing parties make the following Recommendations for Navajo Dam operations 

and San Juan River administration from 2013 through 2016 with certain limitations on 

the time period as described herein to the Bureau of Reclamation and the New Mexico 

State Engineer for the purpose of establishing a cooperative distribution of water supplies 

during the time these Recommendations are in effect among users of water from the San 

Juan River in New Mexico. The agreement of the endorsing parties to make the 

Recommendations, their commitment to abide by the Recommendations if accepted and 

implemented by Reclamation and the State Engineer, and any results from the 

implementation of the Recommendations shall not be construed to: (1) be a determination 

or evidence of, or to establish, any party’s water rights or consumptive use of water; (2) 

be a precedent for Navajo Dam operations or water administration in the San Juan River 

Basin in New Mexico in succeeding years; (3) be an agreement as to the validity or 

applicability of, or to imply an accepted modification to, the San Juan River Basin 

Recovery Implementation Program’s flow Recommendations for endangered fish habitat 

in the San Juan River or any interpretation thereof; (4) establish any cause and effect 

relationships between any water uses, including water uses described in Section 1 of the 

Recommendations below and water uses not included in Section 1, and streamflow 

impacts, water supplies or shortages; (5) establish any priorities between a given use of 

water from the San Juan River and other uses of water from either the San Juan River or 

its tributaries; (6) establish any entitlements to water, including any entitlements of fish to 

specific instream flows; or (7) alter or amend any pre-existing agreements between 

parties unless otherwise expressly agreed to by parties to said agreements. The endorsing 

parties further understand that Reclamation’s acceptance of the Recommendations is 

contingent upon Reclamation's opinion that the operating criteria presented herein are not 

inconsistent with Section 11 of Public Law 87-483, as amended by Public Law 111-11, 

Section 10402, and the Navajo Reservoir Operations Environmental Impact Statement 

Record of Decision, dated July 31, 2006, and that the New Mexico State Engineer's 

acceptance of the Recommendations is subject to the Upper Colorado River Commission 

making no determination, pursuant to Article IV of the Upper Colorado River Basin 

Compact, that uses in the Upper Basin need to be curtailed during the time these 

Recommendations are in effect in order that the flow at Lee Ferry shall not be depleted 

below that required by Article III of the Colorado River Compact. In the event there is a 

determination under Article IV, the parties to these Recommendations agree to meet to 

within thirty days of the determination to make any necessary adjustments to the 

Recommendations.

1. Water Use Demands

The water diversion demands for specified projects or uses shown in Table 1 shall be 

recognized for 2013 through 2016, subject to certain limitations on the time period. The 

diversion demand amounts listed for the Hammond Irrigation Project, the San Juan 
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Generating Station, the Four Corners Power Plant, BHP Navajo Coal Company, and the 

City of Farmington may include amounts to be diverted under contract with the Secretary 

of the Interior, direct flow rights, and/or subcontracts or agreements with other parties. 

The diversion amounts listed in Table 1 for the San Juan Generating Station and the Four 

Corners Power Plant include diversions by BHP Navajo Coal Company made at the 

power plants’ diversion works for uses at the San Juan/La Plata Mines and Navajo Mines, 

respectively. The diversion amount for minor Jicarilla Apache Nation subcontracts does 

not include the 8,500 acre-feet to be provided annually through subcontract with the 

Nation for supplemental water to mitigate any shortages in supply to the San Juan 

Generating Station, the Four Corners Power Plant and the mines.

Table 1. Negotiated limits on diversion demand by project or use for purposes of 

implementation of this agreement.

Project Diversion Amount (acre-feet) Rate 

(cfs)

Period

2013 2014 2015 2016

Navajo Indian Irrigation 

Project

 

230,000

 

232,000

 

235,000

 

237,000

-- 3/15 – 11/15

Hammond Irrigation Project 26,700 26,700 26,700 26,700 90 4/01 – 10/31

San Juan Generating Station 32,985 32,985 32,985 32,985 -- 1/01 – 12/31

Four Corners Power Plant 31,000 31,000 31,000 31,000 -- 1/01 – 12/31

Minor Jicarilla subcontracts 1,055 1,055 1,055 1,055 -- 1/01-12/31

City of Farmington 17,000 17,500 18,000 18,500 -- 1/01 – 12/31

Citizens Ditch -- -- -- -- 160 4/01 – 10/31

Farmers Mutual Ditch -- -- -- -- 110 4/01 – 10/31

Fruitland Irrigation Project -- -- -- -- 100 4/01 – 10/31

Jewett Valley Ditch -- -- -- -- 32 4/01 – 10/31

Hogback Irrigation Project -- -- -- -- 170 4/01 – 10/31

The diversion demand amounts and rates in Table 1 are negotiated values that take into 

consideration differing opinions of the parties as to the demands and rights to divert water 

under existing conditions, facilities, rights, permits, contracts and applicable law; 

however, the diversion demand amounts and rates shown in Table 1 and recognized for 

implementation only during 2013 through 2016, subject to certain limitations on the time 

period, shall not be construed to be an agreement by the endorsing parties on, a 

determination of, or evidence of, or to establish, the specific and definitive rights of the 

parties to divert water for any purpose or project during any particular year or at any 

particular time. Nevertheless, to put aside differences and cooperate in the administration 

of the San Juan River during 2013 through 2016 for the overall benefit of the San Juan 

River Basin in New Mexico, the endorsing parties agree to limit their diversion of water 

during 2009 and 2012, subject to certain time limitations, from the San Juan River and/or 

its tributaries for the specified projects or uses to the quantities or the rates, and to the 

time periods, specified in Table 1. In the event that a water supply shortage is determined 

to exist on the San Juan River in 2013 through 2016 using the shortage determination 

procedure set forth in Section 3 below, the endorsing parties agree to further limitations 

on their diversion of water for the specified projects or uses in accordance with the 
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provisions of Sections 3 and 4. If a shortage is deemed to exist when applying these 

provisions, the San Juan Generating Station and Four Corners Power Plant diversions 

will be voluntarily reduced by 5% from the amounts shown in Table 1 prior to computing 

the shortage amount. 

The Navajo Nation agrees for the purposes of this recommendation to limit the NIIP 

diversion in any year in which a shortage is declared pursuant to the provisions of Section

3 to the level shown in Table 1 for the respective year of shortage, less any computed 

amount of shortage allocated to the NIIP under this recommendation. In the event that 

there is no shortage in a given year, either forecasted or actual for any particular forecast 

period, the Navajo Nation agrees to limit the NIIP diversion to the level shown in Table 1 

for the respective year; except, that the Navajo Nation, at its discretion, may increase the 

NIIP diversion during the given year by up to an additional 5,000 acre-feet as long as 

such increase does not induce a shortage. This allowed increase is in recognition of the 

continuing development of NIIP whereby acreage is increased each year as construction 

progresses. 

In recognition of the difficulties some irrigation ditches have had in providing water to all 

users within their respective ditch systems, the endorsing parties agree to allow those 

ditches to increase their diversion rates from those shown in Table 1 by up to12.5% for 

the months of July and August only. It is understood that this provision to increase 

diversions is further subject to the following conditions: 1) The entity has implemented 

reasonable good faith efforts to enhance the efficiency of their system and improve the 

overall water management of their system, and difficulties in getting water down the 

entire reach of the ditch still exist during July and August; and 2) When applying the 

provisions of Section 3, no shortage is determined to exist. If a shortage is determined to 

exist, the ditch shall adhere to the diversion rates in Table 1 and shortages shall be 

applied as described in Section 3.

 

The endorsing parties agree during 2013 through 2016 only to exempt from any use 

reduction requirement projects or uses in the San Juan River Basin that are not included 

in the tabulation above and that are not otherwise contrary to adjudicated, permitted or 

licensed diversion rights; except, that the parties recommend that the Bureau of 

Reclamation’s San Juan-Chama Project diversions be limited in accordance with the 

provisions of Section 11 of Public Law 87-483, as amended by Public Law 111-11, 

Section 10402. 

Amounts diverted by Farmington that shall not be charged against the diversion demand 

amount listed for the City of Farmington include amounts: (1) diverted for delivery to 

local water users associations or to the Navajo Tribal Utility Authority-Shiprock or (2) 

diverted for non-consumptive use at the Farmington hydro-electric power plant. Also, 

the amount of diversion by the Hammond Irrigation Project that is chargeable or 

accountable against its diversion demand amount shall be computed for 2013 through 

2016 as the measured diversion amount by the project less the measured returns to the 

San Juan River on the Armenta wasteway. Diversions by ditches for delivery to 
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municipalities, industrial users, domestic water user associations and stock uses may 

continue outside the specified irrigation season.

The endorsing parties agree that during November and December of 2013 through 2016, 

the San Juan Generating Station, the Four Corners Power Plant, the City of Farmington 

and the minor Jicarilla Apache Nation subcontractors may divert water under existing 

permits or licenses from the direct flow of the San Juan River system in excess of their 

respective annual diversion amount limitations described in this section if the target base 

flow in the San Juan River from its confluence with the Animas River downstream to 

Lake Powell is being met and will continue to be met without increasing Navajo Dam 

releases if the additional diversions are made.

2. Determining Navajo Reservoir Release to Meet Downstream Demands

The Bureau of Reclamation shall determine the quantity of water anticipated to be 

released from Navajo Reservoir during each day of 2013 through 2016 in consideration 

of: (1) the water diversion demands specified in Section 1 above and the diversion 

demands for water uses not included in the demands tabulated in Section 1 that are to be 

met from diversions from Navajo Reservoir or the San Juan River below Navajo Dam; 

and (2) a target minimum base flow of 500 cfs in the San Juan River below its confluence 

with the Animas River downstream to Lake Powelli

. Reclamation shall utilize the 

following computational procedure in making said determination:

(a) Determine the minimum probable (90% exceedance) forecasted flow for the 

Animas River at Farmington using raw Ensemble Streamflow Prediction 

(ESP) model traces provided from the Colorado Basin River Forecast Center. 

These daily values will model the contribution of the Animas River at 

Farmington under minimum probable conditions.

(b) Adjust the daily flows in the San Juan River below its confluence with the 

Animas River downstream to Lake Powell by using the maximum probable 

(10% exceedance) net loss flow between USGS gages determined from 

historic streamflow records for the thirty-year period 1982-2011ii

. The net 

loss for each river reach includes channel evaporation and evapotranspiration 

losses plus diversions, less side inflows from tributary runoff and return flows. 

The resultant daily flows shall be assumed to approximate the flow through 

the reach of endangered fish critical habitat under the combination of 

minimum probable flow conditions on the Animas River, as determined in 

paragraph (a) above and maximum probable net loss conditions for the San 

Juan River.

(c) Adjust the daily Navajo Reservoir release so that the daily releases that might 

be made in 2013 through 2016 under minimum probable runoff conditions

and maximum probable net loss conditions would result in the target 

minimum base flow for the San Juan River below its confluence with the 

Animas River to Lake Powell being met. The base flow for the San Juan 
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River below Farmington shall be determined by the minimum of: (1) the 

average of the flows in the San Juan River measured at the Shiprock, Four 

Corners and Bluff gages; and (2) the average of the flows in the river 

measured at the Farmington, Shiprock and Four Corners gages. If a daily 

gage record is missing, use the remaining gages in the set. Also, for purposes 

of this calculation, add 20 cfs to the Shiprock gage flows for the period April 

1 through October 31 to account for anticipated changes in return flows from 

the Hogback Irrigation Project that reenter the river below the gage, as 

compared to average water use conditions for the period 1982-2011ii

. In 

addition, adjust the daily reservoir release rates for any significant differences 

in the daily diversion demand amounts for the Hammond Irrigation Project, 

the San Juan Generating Station, the Four Corners Power Plant and the minor 

Jicarilla Apache Nation subcontracts in 2013 through 2016 as compared to 

historical demand distributions for the period 1982-2011ii.

(d) Adjust the computed daily Navajo Reservoir release rates so that changes in 

the release account for real-time dam operation practices. Also, adjust dam 

release rates as necessary or possible to maintain a minimum release of 250 

cfs during 2013 through 2016.

The determination of Navajo Reservoir release demands shall be updated if a change in 

the forecasted runoff, actual runoff for the Animas River, or in forecasted or observed net

losses between gages suggests that tributary inflow to the San Juan River or net losses 

will be significantly different than what was originally modeled. 

3. Shortage Determination and Sharing

The Bureau of Reclamation shall make calculations of any water supply shortage on the 

San Juan River for 2013 through 2016 using operations studies for Navajo Reservoir that 

evaluate daily reservoir operations for calendar years 2013 through 2016. The operations 

studies shall consider: (1) the amount of water physically stored in Navajo Reservoir 

above elevation 5990 feet; (2) daily evaporation from Navajo Reservoir to be estimated 

based on actual and projected storage levels and Navajo Reservoir evaporation rates; (3) 

anticipated daily reservoir inflows estimated by Reclamation; (4) anticipated daily 

Navajo Reservoir releases to meet all demands on the San Juan River below the dam as 

determined pursuant to Section 2 above; and (5) anticipated daily diversions to the 

Navajo Indian Irrigation Project. 

The anticipated daily reservoir inflows shall be estimated using the National Weather 

Service’s forecasts for minimum probable, modified unregulated inflows to Navajo 

Reservoir, and then adjusted by Reclamation for anticipated operations of Vallecito 

Reservoir and the San Juan-Chama Project, under minimum probable forecasted inflow 

(90% exceedance forecast). For periods for which reservoir inflow forecasts are not 

available, the anticipated monthly inflows shall be estimated as the 90-percent 

exceedence inflow to the reservoir as determined from the hydrologic record for the 30-

year period 1982-2011ii

.
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If the operational studies indicate that the reservoir water surface level would fall below 

elevation 5990 feet at any time during 2013 through 2016 should the diversion demands 

at and below Navajo Dam and Reservoir be fully satisfied, then Reclamation shall 

calculate the amount of shortage to the diversion demands that must occur to prevent the 

projected water surface level in the reservoir from falling below elevation 5990 feet. 

Reclamation shall use iterative procedures to determine the percentage shortage, that if 

applied uniformly to the following demands on an annual basis, would result in 

reductions in water uses on the San Juan River in a total amount equal to that of the 

calculated amount of shortage: (1) the annual diversion demand amounts for the Navajo 

Indian Irrigation Project, the San Juan Generating Station, the Four Corners Power Plant 

and the minor Jicarilla Apache Nation subcontracts as listed in Section 1 above for the 

year of the shortage; (2) an annual irrigation depletion demand of 37,000 acre-feet in the 

aggregate for the Citizens Ditch, the Hammond Irrigation Project, the Farmers Mutual 

Ditch, the Fruitland Irrigation Project, the Jewett Valley Ditch and the Hogback Irrigation 

Project; and (3) the target minimum base flow in the San Juan River below its confluence 

with the Animas River for the period March 1 through October 31, in the subject year. 

Reclamation shall provide the results of its reservoir operations studies and calculations 

of any shortage to the State Engineer and the parties for their review.

The endorsing parties agree that the annual diversion amount limitations for 2013 through 

2016 for the Navajo Indian Irrigation Project, the San Juan Generating Station, the Four 

Corners Power Plant, the minor Jicarilla Apache Nation subcontracts and the City of 

Farmington shall be reduced from the diversion amounts identified in Section 1 above by 

the same percentage shortage, if any, as calculated by the Bureau of Reclamation; except, 

that the annual diversion amount limitation for the City of Farmington shall not be 

reduced below 14,500 acre-feet in 2013, 15,000 acre-feet in 2014, 15,500 acre-feet in 

2015, 16,000 acre-feet in 2016. The water users will determine the time schedules for 

bearing their share of any shortage during 2013 through 2016. If the amount of water 

already diverted by any user during 2013 through 2016 exceeds its resultant diversion 

limitation, then the user shall cease diverting water for the remainder of the current year; 

alternatively, the user may continue diverting water if it transfers water that may become 

available within other users’ diversion amount limitations, or if it acquires and transfers 

water under valid water rights that currently are in use.

The endorsing parties further agree that the diversions for the Citizens Ditch, the 

Hammond Irrigation Project, the Farmers Mutual Ditch, the Fruitland Irrigation Project, 

the Jewett Valley Ditch and the Hogback Irrigation Project shall be reduced to effectively 

short the annual irrigation depletion demand under each ditch or project by the same 

percentage shortage, if any, as calculated by the Bureau of Reclamation. In the event of 

shortage, each ditch or project shall shorten its irrigation season in order to meet its 

commitment to reduce irrigation depletions during 2013 through 2016. The end date for 

the period during which the ditch or project may divert water for irrigation uses during 

2013 through 2016 shall be moved forward in time from October 31 until the percentage 

reduction in irrigation depletion matches the same percentage shortage as calculated by 

Reclamation. To determine a revised end date to the irrigation season, the following 
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percentages indicating the distribution of the annual irrigation depletion by month shall 

be used: 5 percent for October; 12 percent for September; 19 percent for August; 22 

percent for July; 19 percent for June; 13 percent for May; and 10 percent for April. The 

revised end date shall be adjusted further to provide credit for any irrigation depletion 

demand forgone as a result of delaying the start date of the irrigation season past April 1 

or as a result of ceasing diversions during the irrigation season. In order for a ditch to 

receive credit for irrigation depletion demand foregone, as a result of ceasing diversions 

for a period of time after starting irrigation deliveries, but prior to ending irrigation 

deliveries, the ditch must: (1) provide Reclamation and the State Engineer with one-week 

advance notice of the number of days and the dates during which diversions will cease; 

and (2) cease all diversions for agricultural purposes during the dates specified, for a 

period of not less than seven consecutive days. Irrigation depletion reductions for partial 

months shall be estimated assuming a constant daily irrigation depletion rate within each 

month. Diversions by ditches for delivery to municipalities, industrial users, domestic 

water user associations and stock uses may continue whether the irrigation season is 

shorted or not.

The endorsing parties recommend that the Bureau of Reclamation not make any spring 

peak flow release from Navajo Dam for endangered fish habitat purposes during 2013 

through 2016, unless the SJRIP’s San Juan Model Operating Rule Decision Tree 

indicates that such a release could be made without causing a shortage to water users.iii 

Reclamation, in consultation with the U.S. Fish & Wildlife Service, shall operate the 

reservoir during 2013 through 2016 to maintain a target minimum base flow rate of 500 

cfs in the San Juan River from its confluence with the Animas River downstream to Lake 

Powell unless in 2013 through 2016 the Minimum Probable Inflow Forecast projects the 

July 31, Navajo Reservoir content to be below 1,000,000 acre-feet. In that event, the 

target base flow rate through October of that year shall be 400 cfs; provided that 

Reclamation’s operations studies for Navajo Reservoir do not result in the calculation of 

a water supply shortage. If Reclamation calculates a shortage in 2013 through 2016 in 

accordance with the preceding provisions, then the target minimum base flow demand 

amount for the period April 1 through October 31, shall be reduced by the same 

percentage as the percentage shortage calculated by Reclamation; provided, that the 

target minimum base flow rate shall not be less than 350 cfs for more than 50 days of 

which no more than 40 days may be below 300 cfs, with a minimum flow of 250 cfs. The 

base flow in the San Juan River during 2013 through 2016 shall be measured as the 

minimum of: (1) the average of the flows in the river at the Shiprock, Four Corners and 

Bluff gages; and (2) the average of the flows in the river at the Farmington, Shiprock and 

Four Corners gages. It is recognized that the actual base flow at times may not meet the 

target minimum base flow for short periods of time (for example, one or more days) due 

to hydrologic uncertainty and operational limitations; but, Reclamation shall operate 

Navajo Reservoir to maintain the target minimum base flow on a weekly-average basis.

The endorsing parties also agree that during November and December in 2013 through 

2016, the San Juan Generating Station, the Four Corners Power Plant, the City of 

Farmington and the minor Jicarilla Apache Nation subcontractors may divert water from 

the direct flow of the San Juan River system in excess of any shorted diversion amount 
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limitation if: (1) the current release from Navajo Reservoir is being maintained at the 

minimum release rate consistent with the then-current Navajo Reservoir operating 

criteria; and (2) the target minimum base flow in the San Juan River from its confluence 

with the Animas River downstream to Lake Powell is being met and will continue to be 

met without increasing Navajo Reservoir releases if the additional diversions are made.

The occurrence and amount of any shortage shall be determined or revised twice a month 

as runoff forecasts become available from the Colorado Basin River Forecast Center and 

in consideration also of actual runoff and water supply conditions. The computational 

procedure set forth above may be adjusted for changed water supply conditions upon 

agreement of the signatory parties. Reclamation’s initial calculation of any shortage shall 

be made on or prior to March 15 and after the March coordinated inflow forecasts for the 

San Juan River Basin become available; and a percentage shortage will be applied if the 

State Engineer concurs in Reclamation’s calculations of any shortage. The last 

determination of any shortage shall be made on or before October 15 based on the 

October coordinated inflow forecast for the remainder of the year.

4. Agreements to Transfer or Broker Water between Parties

The Bureau of Reclamation has approved a subcontract for delivery of water from the 

Navajo Reservoir supply entered between the Jicarilla Apache Nation and the Public 

Service Company of New Mexico, the Arizona Public Service Company and BHP 

Navajo Coal Company limited to the delivery in the aggregate of 8,500 acre-feet of water 

annually during 2013 through 2016 to the San Juan Generating Station, the Four Corners 

Power Plant and the related mines (collectively, the power plants), the actual delivery of 

which water under the subcontract is made only to supplement existing water supplies 

pursuant to New Mexico State Engineer permit Nos. 2838 and 3258 when it is needed to 

replace water normally available pursuant to those permits, and which water supply is 

available to the Companies pursuant to those permits absent a shortage occasioned by 

State administration or a shortage to the Navajo Reservoir Supply as determined by the 

Secretary of the Interior or imposed pursuant to the Secretary’s implementation of 

Recommendations in agreements among water users in the San Juan River Basin. In the 

event of shortage, the power plants under their subcontract may divert water in excess of 

their resultant diversion limitations computed pursuant to Section 3 and up to the 

diversion demand amounts for the power plants recognized in Section 1; provided that 

the delivery of supplemental water under the subcontract does not exceed an annual 

aggregate of 8,500 acre-feet. The signatory parties support the approval of any necessary 

permits from the Office of the New Mexico State Engineer regarding the diversion and 

use of water under the subcontract. The reduction in water supply caused by delivery of 

supplemental water to the power plants under the subcontract shall be offset by applying 

an additional increment of percentage shortage to the shorted water diversion demands 

for the irrigation uses specified in Section 1, to wit: the diversion amount limitation for 

the Navajo Indian Irrigation Project will be further reduced by the added increment of 

shortage, and the irrigation seasons for the Hammond Irrigation Project, the Citizens 

Ditch, the Farmers Mutual Ditch, the Fruitland Irrigation Project, the Jewett Valley Ditch 
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and the Hogback Irrigation Project will be further reduced by the added increment of 

shortage.

The Public Service Company of New Mexico, the Arizona Public Service Company and 

BHP Navajo Coal Company agree to provide funds to mitigate the effects to the water 

supply of any added increment of shortage that is caused by actual diversion of water 

under the subcontracts, with the proviso that actual shortages and deliveries of water may 

vary from projected shortages and deliveries. To this end, the Public Service Company 

of New Mexico, the Arizona Public Service Company and BHP Navajo Coal Company

shall provide mitigation funds of $147,800 in 2013, 2014, 2015, and 2016 plus up to an 

additional $541,400 in 2013, 2014, 2015, and 2016 based on the proportionate amounts 

of the supplemental water over an initial ten percent (10%) actually used by the power 

plants under the subcontracts, and will distribute said funds directly to representative 

bodies for the specified irrigation uses or projects in the following percentages: 4.4 

percent to the Hammond Conservancy District, 3.6 percent to the Bloomfield Irrigation 

District, 3.5 percent to the Farmers Mutual Ditch, 1.3 percent to the Jewett Valley Ditch, 

and 87.2 percent to the Navajo Nation . The Navajo Nation may distribute its share of 

mitigation funds to the Navajo Agricultural Products Industry and the San Juan River 

Dineh Water Users, Inc. as it deems appropriate. Any required mitigation funds shall be 

provided to the representative bodies no later than January 30th of the following year for 

any year in which these Recommendations are in effect and the representative bodies for 

the specified irrigation uses or projects may utilize or dispose of said funds in a manner 

or manners of their choosing to the benefit of the water users under the projects. In no 

event shall the provisions of this section be construed to establish any requirement on 

behalf of the Public Service Company of New Mexico, the Arizona Public Service 

Company, BHP Navajo Coal Company, the Jicarilla Apache Nation, the Bureau of 

Reclamation or any other party to mitigate any impacts to water supply on the San Juan 

River caused by the power plants taking delivery of water under the subcontracts, or to 

establish any precedent for water use arrangements between them or San Juan River 

operations and administration in 2017 or succeeding years.

Additional agreements to transfer or broker water between endorsing parties within the 

water allocations made pursuant to the Recommendations provided herein may be 

negotiated. 

5. Dispute Resolution

The endorsing parties agree to cooperate fully in the implementation of the above 

Recommendations and to abide by the diversion limitations for 2013 through 2016

provided herein to the extent of their authority and ability. In the event that a dispute 

should arise regarding the implementation of the Recommendations or the performance 

of an endorsing party under the Recommendations, the endorsing parties commit to 

resolve such dispute in a cooperative, timely and effective manner. If a dispute involves 

only endorsing parties and cannot be resolved among themselves, the Bureau of 

Reclamation and the New Mexico State Engineer may be requested to hear and facilitate 

resolution of the dispute. The endorsing parties further request that, in order to result in 
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an orderly distribution of water supplies on the San Juan River during 2013 through 2016

in accordance with the Recommendations contained herein, Reclamation and the State 

Engineer commit to: (1) assist in the measurement, monitoring and administration of 

streamflows and diversions on the San Juan River and its tributaries, in cooperation also 

with the Bureau of Indian Affairs; (2) work with the endorsing parties in a coordinated 

manner on water management and administration issues that may arise during 2013 

through 2016 as a result of implementing the Recommendations; (3) assist as may be 

requested, and to the extent of their authority and ability, in the implementation of any 

feasible water transfer agreements that may be negotiated between the endorsing parties 

for 2013 through 2016; and (4) resolve any disputes in a timely and effective manner, 

including any disputes between endorsing parties and Reclamation or the State Engineer. 

The endorsement of the Recommendations provided herein by any and all parties shall 

not be construed to: (1) waive the sovereign immunity of any Indian tribe; or (2) 

constitute a consent to tribal jurisdiction by any party.

6. Cooperative Activities

The parties request the assistance and cooperation of the Bureau of Reclamation to 

improve their ability to manage diversions as flow conditions change in the San Juan 

River. Specifically, the Bureau of Reclamation should: (1) establish and maintain a 

direct contact list for operations representatives for each water use or project listed in 

Section 1; and (2) notify in a timely manner each contact representative directly as to 

planned or actual changes to the release rate from Navajo Dam and other information that 

may be pertinent to improving coordination between Bureau of Reclamation operations 

and water user operations. Similarly, the endorsing parties shall provide the Bureau of 

Reclamation with any information on their planned or actual water operations that might 

create opportunities for reducing Navajo Dam releases or otherwise improving water 

operations to help conserve water.

Further, the parties agree to provide to the Bureau of Reclamation and the State Engineer 

measurements of actual diversions bi-weekly, unless such information is available 

through an alternate source. Reclamation is requested to submit a report of all water 

diversions subject to this agreement to all signatories monthly unless such information is 

available through publicly accessible means.

7. Endorsement and Term

The endorsing parties agree to present the Recommendations provided herein to the 

Bureau of Reclamation and the New Mexico State Engineer as their Recommendations, 

collectively and individually, regarding procedures for operating Navajo Dam and 

administering diversions in the San Juan River Basin in New Mexico during calendar 

years 2013 through 2016. Any of the parties listed in Section 9 as endorsing parties may 

choose not to endorse these Recommendations. In the event one or more parties choose 

not to endorse the Recommendations, the parties endorsing the Recommendations retain 

the right to submit the Recommendations to the Bureau of Reclamation and the State 
11

Engineer for acceptance and adoption pursuant to this section with less endorsing parties 

than listed in paragraph 9. The Recommendations shall be effective upon written notice 

to the endorsing parties that the Bureau of Reclamation and the State Engineer accept and 

adopt the Recommendations for implementation; provided that all parties choosing to 

endorse the Recommendations have provided original signed copies of such endorsement 

to Reclamation and the State Engineer. The Recommendations are valid for calendar 

years 2013 through 2016, unless a shortage is declared in any of those years, in which 

case, the term of these Recommendations shall end on January 1st of the year following 

the shortage year. If no shortage is declared during the term, these Recommendations

shall terminate on January 1, 2017, unless written notice is given by July 31st of the 

current year by any endorsing party to this agreement to terminate the agreement for the 

remaining term of this agreement, beginning on January 1st of the following calendar 

year. The agreement can also be extended by agreement of the endorsing parties.

8. Waiver of Liability

No party endorsing the Recommendations shall hold another endorsing party responsible 

or liable for any damages or claims that may occur or arise as a result of implementing 

the Recommendations presented herein, including as a result of analyses, decisions or 

operations made under the Recommendations; provided that the other endorsing party 

fulfills its commitments and obligations as expressed herein. In the event that an 

endorsing party does not fulfill its commitments and obligations as expressed herein to 

the detriment of other endorsing parties and the matter cannot be resolved through 

dispute resolution as provided in Section 5 above, the endorsing parties reserve the right 

to seek appropriate remedies, if any, under applicable law in state or federal court. An 

endorsing party’s remedies shall not be limited to the enforcement of any commitment or 

obligation as expressed in the Recommendations provided herein and may include 

remedies that would be available to any party that has not endorsed the 

Recommendations. This provision shall not be construed to: (1) waive the sovereign 

immunity of any Indian tribe; or (2) constitute a consent to tribal jurisdiction by any 

party. The endorsing parties waive no rights with regard to non-endorsing water users in 

2013 or thereafter.

9. Endorsing Parties

The following entities are endorsing parties to the Recommendations herein:

The Navajo Nation

The Jicarilla Apache Nation

The City of Farmington

Public Service Company of New Mexico

Arizona Public Service Company

BHP Navajo Coal Company

Hammond Conservancy District

Bloomfield Irrigation District

Farmers Mutual Ditch

Jewett Valley Ditch
12

 i

 If the Minimum Probable Inflow Forecast projected or actual Navajo Reservoir content falls below 

1,000,000 acre-feet on July 31 in 2013 through 2016, then: (1) the summer (April 1 through October 31) 

target flow for the corresponding year shall be 400 cfs; and (2) the winter (November 1 through March 31) 

target flow following the corresponding year may be reduced below 500 cfs, but not lower than 400 cfs, for 

a total of 8 weeks.

ii The 30-year historic record will be updated annually to reflect the latest 30-year period for which data is 

available.

iii The Decision Tree utilizes the Most Probable Inflow Forecast, the available water in storage, and the 

anticipated demands to determine if sufficient water will be available to allow for a spring peak release 

while not creating a shortage to users.