Navajo OKs Gallup water pact
Resources approves Navajo-Gallup memorandum redraft

By Kathy Helms
Diné Bureau

WINDOW ROCK — The Resources Committee approved a redraft Monday of a Memorandum of Understanding between the Navajo Nation and city of Gallup that would allow the exchange of 500 acre-feet of groundwater annually prior to construction of the Navajo-Gallup Water Supply Project.

The Gallup Regional System would allow both entities greater flexibility in meeting the region’s water needs, with Gallup wells possibly supplying chapters south of the city and Navajo wells meeting water needs on the city’s north side.

Jason John, hydrologist with Navajo Division of Water Resources, said although Gallup is now conducting test drilling of wells to determine their capability to produce, the city does not have an approved permit to use the water.

“So until that permit is approved, they cannot use that water within the city,” John said. “If the G-22 is approved it would help Gallup get through between now and when the Navajo-Gallup Water Supply comes on line. ... But as of today, that permit application is still being opposed by Navajo.”

Twin Lakes
John said Navajo and Gallup also would have to come to an agreement to use water from a well drilled in the Navajo community of Twin Lakes.

If the city can provide up to 500 acre-feet of water from their wells at Yatahey to serve the community of Manuelito, “then we could replace that 500-acre feet of water from Twin Lakes. What we’re trying to do is pass that 500 acre-feet from Twin Lakes through the city of Gallup over to Manuelito,” he said, because the city doesn’t have the capacity in their well to provide additional water for Navajo.

“What we’re saying in this MOU is that the city, once that San Juan River water comes down to Gallup, they need to use that surface water as their main supply. What that will do is it will force Gallup to reduce their use of the water wells around the Yatahey area.

“It will also reduce their use of the G-22 well if that well field ever gets approved. So in essence, we’re trying to promote Gallup to get off of the groundwater resources around the city of Gallup to preserve it,” John said.

The city also is discussing the possibility of injecting any unused surface water back into the ground for groundwater replenishment, he said.

Resources Chairman George Arthur, who opposed the original MOU that failed to gain the approval of the Intergovernmental Relations Committee, participated in the redraft and is sponsoring the current legislation.

Regarding his original opposition, Arthur said, “There were languages that I felt were putting the Navajo Nation into a ‘you do it, or else’ kind of scenario — that we needed to have this MOU, or we needed to have Gallup as a benefactor, or else we didn’t get our water rights settlement.”

Political clout
He said the Nation has been in that situation with the federal government many times in the past in similar circumstances, “where we either do this or we don’t get what we want.”

“Whether we like it or not, as big as we think Navajo is, politically we’re nothing. The city of Gallup has much bigger political clout than the Navajo Nation at the national level. If you look and listen closely, you can see and hear the writings on the wall at the national level,” he said.

“As much as I disagree with some of the things that come across, I realize that in order for our Navajo people over here at this end to benefit, there are certain things that we have to leave on the table — and we’re not leaving very much, in reality,” Arthur said.

John Leeper of Water Resources said that if Gallup’s application to use G-22 well water moves forward, very likely the city could be providing water for Churchrock. “So I look at those wells and I don’t cringe. The inter-tie connecting the systems over there is already under construction.

“I am quite optimistic that we will be fueling this regional project, and G-22 is going to be part of fueling it,” he said. Until the San Juan settlement is approved by Congress, “wherever you get the water, you’re going to be mining it.”

The Navajo-Gallup water project may cost $800 million, Leeper said, but 80 percent of its capacity is for Navajo people. “This is not about loving Gallup or wanting Gallup. This is a better project with Gallup.

“This legislation is sitting in Congress waiting to be marked up, waiting for the Senate to look at it and figure out how to finalize this legislation. That is not going to happen if we don’t try to work out this MOU issue,” he said. “There’s a tremendous amount at stake here.”

Arthur agreed, saying, “I know for a fact that if IGR doesn’t approve this, our settlement that’s sitting before representatives is going to be picked up and put on the shelf.”

Resources’ Norman John II of Twin Lakes, who voted against the legislation, said that while it’s true that Navajo and the state of New Mexico signed the proposed water settlement, “After we signed the agreement, everything kind of changed.

“It’s the Navajo Nation-Gallup water project,” he said. “Yes, even though we have 80 percent identified ... in a way, it seems sad because we have to give water to non-Navajos first before the Navajo users get it.”

Resources’ Harry Clark of Chinle, who also voted against the MOU, said, “I guess we shouldn’t question our leaders. We all know and understand that Congress needs to be on our side. Congress has never been on our side. Congress, in this case again, they’re on Gallup’s side.”