Domenici: Time to meet water rights obligations

By Kathy Helms
Din Bureau

WINDOW ROCK — U.S. Sen. Pete Domenici has called for the Bush Administration to end its reluctance to work with Congress to find the money needed to meet federal responsibilities to three Indian water rights settlements in New Mexico.

He questioned Interior Secretary Dirk Kempthorne Tuesday on three pending Indian water settlements in New Mexico the Aamodt, Abeyta, and Navajo settlements, reached after years of negotiations. The settlements will require an estimated federal contribution of about $1.1 billion.

"We are past the point of merely waiting for the administration to help identify how to pay for these Indian water settlements in New Mexico. We're working to get Congress to address this, and it would be better for the administration to be a willing and proactive participant in this process," Domenici said.

It should not be left in the lap of the Congress. The Interior Department and OMB (Office of Management and Budget) must help find the money, too," he said.

The Administration's FY2008 budget request contains just $34 million for the Indian Land and Water Claims Settlement Fund which funds, in part, Indian water rights settlements, according to Kempthorne, who testified before the Senate Interior Appropriations Subcommittee on the proposed Interior Department budget for FY2008.

Kempthorne noted that Interior staff recently visited New Mexico regarding the settlements. He pledged to have his staff meet soon with Domenici and Sen. Jeff Bingaman. The two New Mexico senators have committed to working jointly on legislation to authorize the settlements, which will include a funding plan.

Domenici questioned why the administration seems reluctant to seriously address the New Mexico settlements while agreeing to fund similar settlements involving Arizona.

He noted OMB recently gave its approval to the proposed San Joaquin Settlement, which is estimated to cost roughly $650 million. In addition, the administration did not oppose the Arizona Water Rights Settlement Act which cost roughly $2.4 billion.

"Given the importance of our three settlements to our future, New Mexicans would be eager to hear an explanation as to why these Arizona settlements received favorable treatment from OMB while the New Mexico Indian water rights settlements have not," Domenici said.

The Navajo Nation Division of Natural Resources, in its Fiscal Year 2009 budget statement to the Interior and Bureau of Indian Affairs approved this week by the Intergovernmental Relations Committee, is still trying to get funding from the feds to complete the Navajo Indian Irrigation Project.

Now 45 years since the project was approved by Congress, funding levels are on the decrease rather than increase.

In FY2003, Assistant Secretary Neal McCaleb reduced NIIP funding from $25.3 million to $13.1 million. In the Bush Administration's FY2008 budget request, the funding level remained at the FY2007 level of $12.6 million.

According to the Navajo Nation, the initial funding reduction was to be only for FY2003, with the FY2002 funding level restored in FY2004.

"This has not been the case and in order to complete the NIIP in a reasonable time frame, the FY 2002 funding level should be restored," the Nation said.

"NIIP was a negotiated result of allowing for the construction and diversion of 110,000 acre feet of water from the San Juan Basin to the Chama Basin for ultimate use down the Rio Grande River," according to Navajo.

The Bureau of Reclamation, in its FY2007 budget, has proposed $27.6 million for the Middle Rio Grande Project and $99,000 for the Upper Rio Grande Basin investigation.

In comparison, the Department of Energy Office of Science presented its FY2008 budget Wednesday at the Senate Energy and Water Appropriations hearing in Washington, D.C. DOE Undersecretary for Science Dr. Raymond Orbach is requesting $4.39 billion for the Office of Science, which is $600 million over FY2007 funding levels.

For New Mexico, the Office of Science budget recommends $54 million for work at Los Alamos National Laboratory, $49 million for Sandia National Laboratories, and $20 million in operating funds for the Center for Integrated Nanotechnology (CINT), which is jointly run by both New Mexico labs.

Overall, the Office of Science $4.39 billion budget request includes: High Energy Physics, $782 million (up 1 percent); Nuclear Physics, $471 million (up 3.8 percent); Biological and Environmental Research, $531 million (up 4.2 percent); Basic Energy Sciences, $1.49 billion (up 5.5 percent); Advanced Scientific Computing Research, $340 million (up 6.8 percent); Fusion Energy Sciences Program, $427 million (up 34 percent); Safeguards and Security, $76 million (equal to FY2007); Science Program Direction, $185 million (up 8.2 percent); Workforce Development for Teachers, $11 million (up 0.4 percent).