Vague and Ambiguous. The terms market and marketing are not defined.as such, the

(c) (d) Not Directed to All Settling Parties. This discovery request was directed to all three Settling Parties (the United States, the Navajo Nation, and the State of New Mexico) requesting information concerning the plans of the Navajo Nation. The United States is not required to respond. Vague and Ambiguous. The terms market and marketing are not defined. As such, the discovery request is vague and ambiguous making it impossible to respond to and/or seeks information that is neither relevant nor reasonably calculated to lead to discovery of admissible information. Rule 1-026 (B)(1), NMRA 2012. The terms market and marketing are not defined. INTERROGATORY NO. 27: Please state whether the Navajo Nation intends to market such excess water to existing water users (either within or without the San Juan River Basin in New Mexico). (#145) If so, please state the arguments and/or authorities anticipated to be made and/or relied upon (or previously made and/or relied upon) to entice each such existing water user into entering into an agreement with the Navajo Nation for the supply of water to such existing water users. (#146) (c) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Not Directed to All Settling Parties. This discovery request was directed to all three Settling Parties (the United States, the Navajo Nation, and the State of New Mexico) requesting information concerning the plans of the Navajo Nation. The United States is not required to respond. (d) Duplicative. This discovery request is largely duplicative of Interrogatory No. 27. (e) Vague and Ambiguous. The terms market and marketing are not defined.as such, the discovery request is vague and ambiguous making it impossible to respond to and/or seeks information that is neither relevant nor reasonably calculated to lead to discovery of admissible information. Rule 1-026 (B)(1), NMRA 2012.The terms market and marketing are not defined. Page 21

INTERROGATORY NO. 28: I understand that Settling Parties have contended that the Navajo Settlement and/or Proposed Decrees reduce the likelihood of water shortages within the San Juan River Basin in New Mexico from once in every two years to once in every 25 years. If I have misstated such contention, please explain what your contention actually is in that regard. (#147) Further, please explain your bases for such contention. In particular, please explain the bases for your contention that (with or without the Navajo Settlement) a shortage is likely once in every two years. (#148) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. INTERROGATORY NO. 29: Please identify with specificity any other negotiated water rights settlement agreements within the State of New Mexico. (#149) Regarding each such agreement, please state: the title (including any identifying numbers or nomenclature); the river basin involved; the parties; the date of execution; the term; whether such agreement is currently in effect, or has been terminated; any associations with any federal and/or Indian projects; the purpose; the amount of water involved; the remuneration or other consideration involved; and how and when such agreement was authorized by the federal government, State of New Mexico and/or Indian tribe. (#150) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. INTERROGATORY NO. 30: Please identify with specificity any agreements whereby any individual or entity has agreed to support the Navajo Settlement. (#151) Regarding each Page 22

such agreement, please state: the title (including any identifying numbers or nomenclature); the parties; the date of execution; the term; whether such agreement is currently in effect, or has been terminated; the purpose; the remuneration or other consideration involved; and how and when such agreement was authorized by the federal government, State of New Mexico and/or Indian tribe. (#152) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. INTERROGATORY NO. 31: It appears that the Navajo Settlement and Proposed Decrees incorporate, or assume, that the concept of Direct Flow will be utilized with respect to the administration of the waters of the San Juan River Basin in New Mexico. Please explain the concept of Direct Flow, and the bases for such concept. (#153) (c) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Vague and Ambiguous. The term concept of Direct Flow is not defined. As such, the discovery request is vague and ambiguous making it impossible to respond to and/or seeks information that is neither relevant nor reasonably calculated to lead to discovery of admissible information. Rule 1-026 (B)(1), NMRA 2012.The terms market and marketing are not defined. Privileged Information. The discovery request seeks to have the Navajo Nation and the United States perform legal analysis not previously performed. To the extent that the interrogatory requests disclosure of information not previously disclosed, such information is privileged information protected by the attorney-client communication privilege and the attorney work product privilege. Such privileged information is not subject to discovery; Page 23

therefore, the Navajo Nation and the United States object to the discovery request. Rule 1-026 (B)(1), NMRA 2012. INTERROGATORY NO. 32: Please identify with specificity any existing and/or historic agreements to share water shortages between and/or among water users within the San Juan River Basin in New Mexico. (#154)Regarding each such agreement, please state: the title (including any identifying numbers or nomenclature); the parties; the date of execution; the term; whether such agreement is currently in effect, or has been terminated; any associations with any federal and/or Indian projects; the purpose; the amount of water involved; the remuneration or other consideration involved; and how and when such agreement was authorized by the federal government, State of New Mexico and/or Indian tribe. (#155) SPECIFIC OBJECTIONS (c) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Information Already in Possession. The requesting party is also counsel for the Bloomfield Irrigation District. The District is party to all shortage sharing agreements approved by the Navajo Nation, the State of New Mexico and the United States since 1992. The Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. INTERROGATORY NO. 33: Please state whether you believe the State of New Mexico (Office of the State Engineer, water master, and/or other state-based authority) has the authority to control, prevent and/or require the release of water from federal projects, (#156) and the bases for such belief. (#157)In particular does the State have the authority: to require the release of water from federal facilities for the benefit of downstream water users when the water stored in such facilities exceeds the amount required to serve federal contract users for one year; (#158) to require the release of water from Navajo Reservoir even though such release may result in the level of Navajo Reservoir falling below the level of the NIIP diversion structure; (#159) and/or to prevent the release of high spring flows from federal storage facilities for the benefit of Page 24

endangered fish, when summer releases may otherwise need to be curtailed resulting in shortages to downstream users without federal contracts. (#160) (c) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Privileged Information. The discovery request seeks to have the Navajo Nation and the United States perform legal analysis not previously performed. To the extent that the interrogatory requests disclosure of information not previously disclosed, such information is privileged information protected by the attorney-client communication privilege and the attorney work product privilege. Such privileged information is not subject to discovery; therefore, the Navajo Nation and the United States object to the discovery request. Rule 1-026 (B)(1), NMRA 2012. INTERROGATORY NO. 34: (#161) Please identify the federal storage facilities relating to the San Juan River Basin in New Mexico. Regarding each such facility, please state: the maximum capacity of each such storage facility; the specific contracts (and amounts of water) for the storage of water in, and the delivery of water from such facility. (#162) In particular, please state that maximum storage capacity of Navajo Reservoir, the elevation of the spillway, the elevation of the NIIP diversion structure, the capacity of Navajo Reservoir below the NIIP diversion structure, the minimum elevation of the water level of Navajo Reservoir below which it is not possible to release water from the reservoir; and the capacity of water in Navajo Reservoir below the minimum elevation below which it is not possible to release water from the Reservoir (dead pool). (#163) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Page 25

Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. INTERROGATORY NO. 35: Please state whether you perceive a distinction between: a right to use water ( water right ); a right to store water ( storage right ); and/or a right to deliver/divert water (such as diversion rights for ditches) ( delivery right ). (#164) Please explain the distinctions. (#165) Further, please explain how such differing rights are generally established, set forth and/or adjudicated in a water rights adjudication suit. (#166) Further, please explain how such differing rights are to be dealt with and/or adjudicated in the present matter. (#167) Further, please state with specificity the amount of each such right in the San Juan River Basin in New Mexico, as well as the amount of each such right with respect to the Navajo Nation within the San Juan River Basin in New Mexico. (#168) Further, please state and explain whether the federal government should be considered to have a water right, storage right, and/or delivery right with respect to each federal water project and with respect to each permit issued by the Office of the State Engineer with respect to each federal water project within the San Juan River Basin. (#169) (c) Interrogatory and Interrogatory Subparts in Excess of Court Rule. The cumulative effect of the interrogatories and its subparts exceeds the twenty-six (26) interrogatories allowed pursuant to LR 11-105(D) of the Rules of the District Court of the Eleventh Judicial District and the fifty (50) interrogatories allowed pursuant to Rule 1-033(A), NMRA 2012. Not Relevant. The information requested is not relevant to evaluate the merits of the settlement. The merits of the settlement should be evaluated against the potential claims of the Navajo Nation. See Amended Order Establishing the Legal Standards for Evaluating the Proposed Decrees and Respective Burdens of Proof (Apr. 19, 2012) at 2. Therefore, the Navajo Nation and the United States object to the discovery request as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Privileged Information. The discovery request seeks to have the Navajo Nation and the United States perform legal analysis not previously performed. To the extent that the interrogatory requests disclosure of information not previously disclosed, such information is privileged information protected by the attorney-client communication privilege and the attorney work product privilege. Such privileged information is not subject to discovery; therefore, the Navajo Nation and the United States object to the discovery request. Rule 1-026 (B)(1), NMRA 2012. Page 26

REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO. 1: Please provide all documents or tangible things that you intend to introduce at the trial of this matter. REQUEST NO. 2: With respect to each expert witness whom you intend to call, or may call, to testify at trial in this matter, please provide a curriculum vitae, and please provide all information, documents and/or data that relate to the facts and opinions to which each expert is expected to testify. SPECIFIC OBJECTION TO REQUESTS NOS. 1 & 2: Not relevant. The Court has not made a decision on the need for an evidentiary hearing in this matter. Order (1) Granting Settling Parties Motion to Extend Certain Deadlines and (2) Setting Schedule Governing Discovery and Remaining Proceedings (Feb. 3, 2012) at 8. REQUEST NO. 3: Please provide all information, documents and/or data that relate to the amount of surface water supply available within the State of New Mexico in the San Juan River Basin, and the source of such water supply. Specifically, regarding the availability and source of such water, please provide all information, documents and/or data that relate to: A. The amount of precipitation and water flowing in the rivers and streams. B. The limitations or restrictions placed upon the use of such water in New Mexico (in particular with respect to the use of water from the Animas River, and the San Juan River below Navajo Dam) pursuant to: 1. The Colorado River Compact; 2. Upper Colorado River Basin Compact; 3. The Arizona v. California U.S. Supreme Court decisions; 4. The Colorado River Interim Surplus Criteria; 5. The Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead, and agreements related thereto; 6. All Bureau of Reclamation Hydrologic Determinations prepared with respect to the San Juan River Basin in New Mexico; 7. All Depletion Schedules prepared with respect to the San Juan River Basin in New Mexico; 8. Any requirements that New Mexico s share of the use of water in the San Juan River Basin is reduced or limited to provide for a portion of the evaporation losses at Lake Powell; 9. Other Law of the Colorado River considerations; 10. The La Plata River Compact (New Mexico/Colorado); 11. Federal Project Operating limitations or considerations; a. Navajo Reservoir Operations - (Re-operation of Navajo Dam); b. Animas-La Plata Operations; Page 27

c. San Juan-Chama Project; d. Navajo Indian Irrigation Project; 12. In-stream/conservation/environmental flow limitations/considerations; a. Endangered species limitations/considerations. REQUEST NO. 4: Please provide all information, documents and/or data that relate to the amount of surface water supply available within the State of New Mexico in the San Juan River Basin that is not included within the flows of the major streams (the precipitation amounts, or spring flows that are intercepted and used before flowing into major streams), and the source and location of such surface water supply. Further, please provide all information, documents and/or data that relate to the issue of whether the use of such surface water supply in New Mexico is included within the calculation of water supply available for use within New Mexico pursuant to the applicable interstate Compacts (counted against New Mexico s Compact share), or otherwise subject to the limitations and/or restrictions described above. REQUEST NO. 5: Please provide all information, documents and/or data that relate to the amount of ground water supply available within the State of New Mexico in the San Juan River Basin, and the source and location of such ground water supply. Further, please provide all information, documents and/or data that relate to the issue of whether the use of such ground water supply in New Mexico is included within the calculation of water supply available for use within New Mexico pursuant to the applicable interstate Compacts (counted against New Mexico s Compact share), or otherwise subject to the limitations and/or restrictions described above. OBJECTIONS TO REQUESTS NOS. 3-5: Not Relevant. The purpose of the adjudication is not to determine the supply of water available in the San Juan River system but to quantify all rights to use water from that system. Therefore, the interrogatories seek information not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. Rule 1-026 (B)(1), NMRA 2012. Unduly Burdensome. Even if the material sought has some minimal relevance, the interrogatories are so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such information and documentation makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026 (B)(2)(c), NMRA 2012. REQUEST NO. 6: Please provide all information, documents and/or data that relate to the amount of water currently being used in the San Juan River Basin in the State of New Mexico, in terms of both diversion amounts and depletion (consumptive use) amounts. Regarding such water use, please provide a breakdown by: type of use (municipal, industrial, irrigation, domestic, etc.); and source of water supply. Further, please provide all information, documents and/or data Page 28

that relate to which water uses are associated with specific federal projects and/or federal contracts. Further, please provide all information, documents and/or data that relate to which water uses are Indian uses, in particular water uses associated with the Navajo Nation, or Navajo Indians. (c) Not Relevant. The purpose of the adjudication is not to determine the supply of water available in the San Juan River system but to quantify all rights to use water from that system. Therefore, the interrogatories seek information not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. Rule 1-026 (B)(1), NMRA 2012. Unduly Burdensome. Even if the material sought has some minimal relevance, the interrogatories are so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such documents makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026 (B)(2)(c), NMRA 2012. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for and provide publically available material or resubmit information/material already provided, the Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request can be found in or has been provided with the U.S. Hydrographic Survey, the U.S. Technical Reports, the Statement of the State of New Mexico, and the materials identified in the Settling Parties Initial Disclosures. REQUEST NO. 7: The UNITED STATES HYDROGRAPHIC SURVEY OF NAVAJO LANDS WITHIN THE SAN JUAN RIVER BASIN, filed in the present matter on January 3, 2011, ( Hydrographic Survey ), was purported to represent a description of existing and historic water uses. Please provide all information, documents and/or data that relate to and/or tend to explain which water uses represented in the subject Hydrographic survey should be considered existing water uses, and which should be considered historic water uses. Further, please provide all information, documents and/or data that relate to and/or tend to demonstrate the date each use of water represented in the subject Hydrographic Survey was first put to beneficial use. Further, please provide all information, documents and/or data that relate to any authority that should be considered with respect to the establishment of a priority Page 29

date for each use of water represented in the subject Hydrographic Survey. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for and provide publically available material or resubmit information/material already provided, the Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request can be found in or has been provided with the U.S. Hydrographic Survey, the U.S. Technical Reports, the Statement of the State of New Mexico, and the materials identified in the Settling Parties Initial Disclosures Unduly Burdensome. Even if the material sought has some minimal relevance, the interrogatories are so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such documents makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026 (B)(2)(c), NMRA 2012. REQUEST NO. 8: Regarding the subject Hydrographic Survey, please provide all information, documents and/or data that relate to the identification of which lands should be considered: 1) Lands held in trust for the Navajo Nation by the United States; 2) Lands held in trust for members of the Navajo Nation by the United States; 3) Lands owned by members of the Navajo Nation subject to restraint on alienation imposed pursuant to federal law; 4) Lands held in fee ownership by the Navajo Nation; 5) Navajo Reservation; and 6) Any other lands with respect to which water uses should be considered with respect to the Navajo Nation and/or the Navajo people. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for or provide publically Page 30

available material or resubmit information/material already provided, the Settling Parties object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request may be found in or has been provided with the materials identified in the U.S. Hydrographic Survey and U.S Technical Reports. REQUEST NO. 9: Please provide all information, documents and/or data that relate to the evolution (expansion and/or contraction, and time line) of the Navajo Reservation and/or the designation in the present matter of lands identified as Navajo Lands. Specifically, please provide maps depicting the boundaries and acreage of the original Navajo Reservation, and each expansion and/or contraction of the Navajo Reservation and/or Navajo Lands, and the authority for each such expansion and/or contraction and/or designation of lands as Navajo Reservation and/or Navajo Lands. Unduly Burdensome. The request is so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such information and documentation makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(2)(c), NMRA 2012. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for or provide publically available material or resubmit information/material already provided, the Settling Parties object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request may be found in or has been provided with the materials identified in the U.S. Hydrographic Survey and U.S. Technical Reports. However, the Navajo Nation is willing to provide maps showing the expansion of Navajo lands in New Mexico in the San Juan River basin held in trust by the United States for the benefit of the Navajo Nation, together with authority for such expansion. REQUEST NO. 10: Please provide all information, documents and/or data that relate to the amount of water supply available and the amount of water currently being used within the Page 31

Colorado River Basin. Regarding such water use, please provide a breakdown by: state; type of use (municipal, industrial, irrigation, domestic, etc.); and source of water supply. Further, please provide all information, documents and/or data that relate to which water uses are associated with specific federal projects and/or federal contracts. Further, please provide all information, documents and/or data that relate to: which water uses are Indian uses; and which non-indian water uses are based upon contracts with Indian tribes. REQUEST NO. 11: Please provide all information, documents and/or data that relate to: A. The determination that the waters of the San Juan Basin in New Mexico have been fully appropriated; B. The bases for the determination that the waters of the San Juan Basin have been fully appropriated; C. The issuance of permits to the federal government in the 1950s and 60s for more than 1,500,000 acre-feet of water per year regarding the waters of the San Juan Basin in New Mexico; D. Any Applications to Appropriate the waters of the San Juan Basin that have been rejected by the Office of the State Engineer based upon the determination that the waters of the San Juan Basin have been fully appropriated. OBJECTIONS TO REQUESTS NOS. 10 & 11: Not Relevant. The purpose of the adjudication is not to determine the supply of water available in the San Juan River system but to quantify all rights to use water from that system. Therefore, the discovery seeks information not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. Rule 1-026 (B)(1), NMRA 2012. Unduly Burdensome. Even if the material sought has some minimal relevance, the discovery requests are so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such information and documentation makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(2)(c), NMRA 2012. REQUEST NO. 12: Regarding: the Navajo Indian Irrigation Project ( NIIP ) and/or Navajo Agricultural Products Industry ( NAPI ); the Fruitland/Cambridge Irrigation Project; and the Hogback/Cudei Irrigation Project, please provide all information, documents and/or data that relate to: A. The total amount of acres planned to be irrigated for each Project; B. The total amount of acres irrigated each year for each Project since the inception of each Project; C. The total acreage for each specific crop grown each year for each Project since the inception of each Project; D. The total amount of each specific crop harvested each year for each Project since the Page 32

inception of each Project; E. The total amount of water diverted each year for each Project since the inception of each Project; F. The total amount of water consumed each year for each Project since the inception of each Project; and G. The total amount of water spilled each year by each Project since the inception of each Project. (c) (d) Not Relevant. These discovery requests seek information to form the basis to litigate the merits of the Navajo Nation s water rights in the San Juan River Basin. Therefore, the information requested is Not Relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. The Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Unduly Burdensome. Even if the material sought has some minimal relevance, the discovery request seeking information sought is so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such information and documentation makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for and provide publically available material or resubmit information/material already provided, the Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request can be found in or has been provided with the U.S. Hydrographic Survey, the U.S. Technical Reports, the Statement of the State of New Mexico, and the materials identified in the Settling Parties Initial Disclosures Duplicative. The discovery request is duplicative, in whole or in part, to other discovery requests made by other non-settling parties. See, e.g. Marshall Interests Joint Request for Documents and Designation of 30 (B)(6) Witnesses Concerning the NIIP Project, filed May 7, 2012. Therefore, to the extent that the discovery request is duplicative of other discovery requests, the Navajo Nation and the United States object to the discovery requests as the Page 33

discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. REQUEST NO. 13: Please provide all information, documents and/or data that relate to each and every past, present, and/or proposed federal and/or Indian water contract relating to the waters of the San Juan River Basin in New Mexico. Regarding each such contract, please provide all information, documents and/or data that relate to: the title (including any identifying numbers or nomenclature); the parties; the date of execution; the term; whether such contract is currently in effect, or has been terminated; any associations with any federal and/or Indian projects; the purpose (storage of water, delivery of water, sale or lease of water, etc.); the amount of water involved; who owns the water rights associated with the water involved; how such water rights were acquired; and how and when such contract was authorized by the federal government, State of New Mexico and/or Indian tribe. Unduly Burdensome. Even if the material sought has some minimal relevance, the discovery request seeking information sought is so broad in scope and potentially so voluminous that the burden and cost associated with searching for and assembling such information and documentation makes the request wholly unreasonable and unjustified. Therefore, the Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for or provide publically available material or resubmit information/material already provided, the Settling Parties object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request may be found concerning Contract No. 10-WC-40-384 between the Navajo Nation and the United States, referenced at Paragraph 6.0 of the Settlement Agreement. Said contract is available at www.usbr.gov/uc/rm/navajo/nav-gallup/.../navstlmtcontract.pdf REQUEST NO. 14: Please provide all information, documents and/or data that relate to the standard by which you contend federal reserved water rights should be determined (Practically Irrigable Acreage, minimal needs, etc.), and the bases for such standard. Further, please provide all information, documents and/or data that relate to the bases for any contention you may have Page 34

that the concept of federal reserved rights includes water for future uses, and the concept that federal reserved water rights can be lost by nonuse. REQUEST NO. 15: Please provide all information, documents and/or data that relate to the bases for your contention that any portion of the water uses of the Navajo Settlement and Proposed Decrees should be regarded as federal reserved water rights. OBJECTIONS TO REQUESTS NOS. 14 & 15: Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for and provide publically available material or resubmit information/material already provided, the Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request can be found in or has been provided with the U.S. Hydrographic Survey, the U.S. Statement of Claims, the U.S. Technical Reports, the Statement of the State of New Mexico, and the materials identified in the Settling Parties Initial Disclosures Privileged Information. The discovery request seeks to have the Navajo Nation and the United States perform legal analysis not previously performed. To the extent that the interrogatory requests disclosure of information not previously disclosed, such information is privileged information protected by the attorney-client communication privilege and the attorney work product privilege. Such privileged information is not subject to discovery; therefore, the Navajo Nation and the United States object to the discovery request. Rule 1-026 (B)(1), NMRA 2012. REQUEST NO. 16: Please provide all information, documents and/or data that relate to the acquisition of water rights with respect to any existing, historic and/or future water uses of the Navajo Nation and/or the Navajo people. If you contend that any of such uses were authorized in some manner other than by the acquisition of water rights for such uses; please provide all information, documents and/or data that relate to how and when such water uses were authorized. Not Relevant. This discovery request seeks information to form the basis to litigate the merits of the Navajo Nation s water rights in the San Juan River Basin. Therefore, the information requested is not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. The Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly Page 35

broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. (c) Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for and provide publically available material or resubmit information/material already provided, the Navajo Nation and the United States object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, responsive information/material to the discovery request can be found in or has been provided with the U.S. Hydrographic Survey, the U.S. Statement of Claims, the U.S. Technical Reports, the Statement of the State of New Mexico, and the materials identified in the Settling Parties Initial Disclosures Vague and Ambiguous. The term Navajo people is not defined and could include members of the Navajo Nation who do not reside on the Navajo Nation or use water claimed by the Navajo Nation, including members belonging to the ditch associations represented by the law firm of Victor Marshall & Associates. As such, the discovery request is vague and ambiguous making it impossible to respond to and/or seeks information that is neither relevant nor reasonably calculated to lead to discovery of admissible information. Rule 1-026 (B)(1), NMRA 2012. REQUEST NO. 17: If you contend that some sort of paradigm exists whereby the Navajo Nation should be entitled to all of the unused water supply in the San Juan River Basin in New Mexico, please provide all information, documents and/or data that relate to the basis for such paradigm, and all information, communications, documents and/or data where you have asserted the existence of, and/or discussed or considered such paradigm. In particular, please provide a copy of the letter of protest, dated December 13, 2001 submitted by the Navajo Nation to the City of Bloomfield Application For Permit to Change Point of Diversion and Place and Purpose of Use of Surface Water (File No. 04711 into 2800). Further, please provide all information, documents and/or data that relate to your estimation of: the amount of such water supply, the used portion of such supply, the unused portion of such supply, and the total amount of water to which the Navajo Nation should be entitled pursuant to such paradigm. Not Relevant. This discovery request seeks information concerning litigation in a proceeding other than the Navajo Inter Se. Therefore, the information requested is not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. The Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and Page 36

seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. (c) Information/Material Already in Possession / Cumulative. The discovery request seeks information/material that is already in the possession, custody, or control of non-settling parties or the sought information/material could be derived from sources that are as accessible to non-settling parties as they are to the Settling Parties. Therefore, to the extent that the discovery request seeks to have the Settling Parties search for or provide publically available material or resubmit information/material already provided, the Settling Parties object to the discovery requests as the discovery sought is unreasonably cumulative or duplicative, unduly burdensome, and is obtainable from some other source that is more convenient, less burdensome, and less expensive. Rule 1-026(B)(2), NMRA 2012. Specifically, seeks to have the Settling Parties produce a letter already in Mr. Horner s possession. Privileged Information. The discovery request seeks to have the Navajo Nation and the United States perform legal analysis not previously performed. To the extent that the interrogatory requests disclosure of information not previously disclosed, such information is privileged information protected by the attorney-client communication privilege and the attorney work product privilege. Such privileged information is not subject to discovery; therefore, the Navajo Nation and the United States object to the discovery request. Rule 1-026 (B)(1), NMRA 2012. REQUEST NO. 18: Please provide all information, documents and/or data that relate to: the application of Section 7 of the Endangered Species Act to the flow regimes required to protect native fish in the river with respect to the waters of the San Juan River Basin; how the Bloomfield transfer of 48 afy could adversely affect the Navajo Nation to utilize the full extent of its water in compliance with Section 7 of the Endangered Species Act; how the Navajo Nation is subject to the consequences of Section 7 of the Endangered Species Act; whether the subject Navajo Settlement and proposed Decrees are subject to the consequences of Section 7 of the Endangered Species Act; whether the subject Navajo Settlement and proposed Decrees have been subject to the consideration of Section 7 of the Endangered Species Act to date; and the results of such consideration of said Section 7 with respect to the subject Navajo Settlement and proposed Decrees. Not Relevant. This discovery request seeks information concerning litigation in a proceeding other than the Navajo Inter Se. Therefore, the information requested is not relevant to any issue associated with the Settlement Motion nor would the sought information lead to admissible evidence. The Navajo Nation and the United States object to the discovery request as unreasonable, unduly burdensome, overly broad, oppressive and seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Rule 1-026(B)(1), NMRA 2012. Page 37