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<br />Tuesday, October 06, 1998 10:38 AM To: Peter Evans <br /> <br />From: James S. lochhead, ESQ., (970) 945-4921 <br /> <br />00026'9 <br /> <br />DR4FT FOR DISCUSSION PURPOSES <br />NOT nm A TTJUHU TI ON <br /> <br />STATES OF ARIZONA, COLORADO, NEVADA <br />NEW MEXICO, UTAH AND WYOMING <br /> <br />BACKGROUND AND PRINCIPLES FOR NEGOTIATION - <br />SPECIAl, INTERIM CRITERIA <br />FOR RELEASES OF WATER FROM LAKE MEAD <br />DURING PHASE I OF THE CALIFORNIA 4.4 PLAN <br /> <br />The Governor's representatives of the above six states suggest the following background and <br />outline ofprinoiples to guide negotiations ofspeoial interim oriteria for releases of water from <br />Lakc Mead during Phase I ofthe California 4.4 Plan. Nothing herein shall bind any state or party, <br />or interpret or waive any aspect of the Law of the River by any state or party, including the state <br />of California or tht: Dt:partmt:nt oftht: Intt:rior. <br /> <br />1. Under the California Seven Party Agreement of 1931, California applicants to the <br />Secretary for contracts for water under the Boulder Canyon Project Act agreed among themselves <br />as to the apportiOlIDlents and priorities for water delivered by the Seoretary to the state of <br />California. The first thrce priorities, up to 3.85 maf, arc held by agrioultural agcneies. As holders <br />of the fourth and fifth priorities, the Metropolitan Water District of Southern California (MWD) <br />and tht: San Dit:go County Watt:r Authority (SDCW A) art: unablt: to utilizt: tht: fulll.Japal.Jity oftht: <br />Colorado River Aqueduct (CRA) witl,in California's nonnal year apportionment of 4.4 mat: if <br />water is being delivered by the Secretary to the full extent of the apportiorunents of the first three <br />priorities and to other parties such as Indian Tribes and present perfected right holders not <br />identified in the Seven Party Agreement. Water is also being used by parties without valid <br />contracts with the Secretary. California water agenoies have historically diverted about 5.2-5.3 <br />maf of water per year, but as demands for water in other states increase, less than this amount will <br />be available for use in California in nonnal years, thus reduoing the supply to MWD and <br />S DCW A. <br /> <br />2. As a component of the California 4.4 Plan, California will implement specified measures <br />within a specified time period to reduce the demand for water to specified levels by water users <br />within the first three priorities established by the Seven Party Agreement. The implementation of <br />such measures will allow MWD and SDCW A to utilize more of the capacity of the CRA within <br />Califomia's Honnal year appOltioIllnent. <br /> <br />3. Critical elements necessary to implement the 4.4 Plan include: I) agreement between the <br />SDCW A and tht: Impt:rial Irrigation Distrid (lID) to implt:mt:nt watt:r l.Jonst:rvation mt:asurt:s <br />within the III); 2) agreement hetween MWD and SDCW A tor use ofthe CRA; and J) agreement <br />by lID and the Coaohella Valley Water District (CVWD) for quantification of their respective <br /> <br />\)MCI\;.u U <br /> <br />.e~~ <br />2:s0 Co <br />4,Yoo <br /> <br />Page 1 of J <br /> <br />3. <br /> <br /> <br />~ <br />5 <br /> <br />55D <br /> <br />1 \ LI L <br /> <br />~ 30(? <br />7 <br /> <br />Page: 2 of 5 <br />