BOARD00060 ‎(3)‎

• Board Meeting Date: 1/24/2007
• Description: WSP Section - Colorado River 7-State Agreement Approval
• Board Meetings - Doc Type: Memo

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1.2/,' X/06 DRAFT Showini! ( "hani!es !"rolll I)ra Ii sent 10 Secretary 02 OJ, V(l

of Land Management on October I, 2004 for the purpose of developing Permit No.
58591 issued by the Nevada State Engineer in Ruling No. 4151.

The SNW A will not re-file such right-of-way application or otherwise seek to divert the
water rights available under Permit No. 58591 from the Virgin River prior to 2014 so
long as Nevada is allowed to utilize its pre-Boulder Canyon Project Act Virgin and
Muddy River rights in accordance with section 4(C) of the Parties' Recommendatio"- and
the interim water supply made available to Nevada is reasonably certain to remain
available. The SNW A will not re-file such right-of-way application or otherwise seek to
divert the water rights available under Permit No. 58591 from the Virgin River after 2014
so long as diligent pursuit of system augmentation is proceeding to provide Q[ has
12[ovidcd Nevada an annual supply of75,000 acre-feet by the year 2020. Prior to re-filing
any applications with the Bureau of Land Management, SNW A and Nevada will consult
with the other Basin States.

This agreement is without prejudice to any Party's claims, rights or interests in the Virgin
or Muddy River systems.

9. Consistency with Existing Law. The Parties' Recommendation has beel}
devcJojJ\?d with the inll:nt to b~consistent with existing law. The Parties expressly agree,
[Y.I.QillvosesJ!Lthis i\~S'.!llent. that the storage of water in and release of water from
Lakes Powell and Mead pursuant to a ROD issued by the Secretary in substantial
conformance with the Parties' Recommendation and this Agreement, and any agreements,
rules and regulations adopted by the Secretary or the parties to implement such ROD,
shall not constitute a violation of Article III(a)-(e) inclusive of the Colorado River
Compact, or Sections 601 and 602(a) of the Colorado River Basin Project Act of 1968
(43 U.S.c. ~~ 1551 and 1552(a)), and all applicable rules and regulations promulgated
thereunder.

10. Resolution of Claims or Controversies. The Parties recognize that illdicia~or
administrative proceedings ar~notpreferred alternative:.>. to the resolution of claims or
controversies conceming the law of the river. In furtherance of this Agreement, the
Parties desire to avoidjudicial or ndlllinistrativcg[IKeedings, and agree to pursue a
consultative approach to the resolution of any claim or controversy. In the event that any
Party becomes concemed that there may be a claim or controversy under this Agreement,
the ROD, Article III(a)-(e) inclusive of the Colorado River Compact, or Sections 601 and
602(a) of the Colorado River Basin Project Act of 1968 (43 U.S.C. ~~ 1551 and 1552(a)),
and all applicable rules and regulations promulgated thereunder, such Party shall notify
all other Parties in writing, and the Parties shall in good faith meet in order to resolve
such claim or controversy by mutual agreement prior to il.1.i.!.iating,any JlIdicial.!lI
administrative proceeding. No Party shall initiate any judicial or administrative
proceeding against any other Party or against the Secretary under Article III(a)-( e)
inclusive of the Colorado River Compact, or Sections 601 and 602(a) of the Colorado
River Basin Project Act of 1968 (43 U.S.c. ~~ 1551 and I 552(a)), or any other ap'plicable
provision offederallaw, regulation, criteria, policy, rule or guideline, and no claJn
thereunder shall be ripe, until such cunsultatiol\has been completed. ,611 States shall

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