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<br /> <br />a. The Governor's negotiation and execution of the Agn'ement furthers <br />administration of the Colorado River Compact. <br /> <br />Therc arc two arguments that thc Agreement is administrative. I;irst, the purpose and <br />substalll'C oi'thc Agreement secm to 1;111 \\ilhin the plain language dctinition of "administer."' When <br />interprcting the meaning of a statutory phrase. courts attempt to give ei'kct to the intcnt or purpose of <br />the Ciclleral Assembly, Pcople 1'. R(}('!iII'CII. 125 PJd 410 (Colo. 2005). Accordingly. "in the <br />absence ofa statutory delinition.lcourtsl seck first to give words their plain and ordinary meaning."' <br />PC(}/lle \', }'lIs('l/1'Ilge. 101 P.3d 1090, IO(}) (Colo. 2004). Webskr's Dictionary detines "administer" <br />as ..to manage or supervise the execution, use. or conduct of." WEBSTER'S II NEW COLLEGE <br />DICTION\RY (3d Ed, 2005). <br /> <br />Thus, in enacting C.R.S, ~ 24-1-109, thc General Assembly intended to ensure that the <br />Governor's ot'lice continue to manage and superv ise performance of the obi igations created by the <br />Colorado River Compact. The vcry naturc of the Compact is such that its overall management is <br />dependant upon successrul micro-management of its component parts, The Seven Basin States <br />Agreemcnt addresses the management of these component parts. For example, the Proposal suggests <br />guidelines for the coordinated managcment of Lakes Powell and Mead iJ; surplus, average, and <br />drought years. These guidelines are intcnded to increase the etliciency of the operation of the <br />Colorado River as a whole in a range of conditions. The Proposal also sets rorth a policy and <br />accounting procedure regarding augmentation, cxtraordinary conservation and system eftic:iency <br />projects~ each of these is designed to increase the amount of water available to the Colorado River <br />. System. <br /> <br />Second, the Agreement and Proposal are intended to lit within the administrative framework <br />of the Law of the River. Neither the Proposal nor thc Agreement contlicts with nor attempts to <br />modify the provision of the Colorado River Compact. The Colorado River Compact, the Upper <br />Colorado River Basin Compact, and //ri:ol/l/ v. Calif'ornia allocate to each Basin State a specific <br />amount of Colorado River water. Lakes powell and Mead were created to store waters of the <br />Colorado River in order assist the Uppcr Basin in meeting its long-term water supply obligations and <br />to provide all Basin States with an opportunity to develop and use thcir appOltionment. The Bureau <br />of Land Management has described the administrative interrelation between the Operating Criteria <br />addressed by the Agreement and the Colorado River Compact: <br /> <br /> <br />Section 602 of the Colorado River Basin Project Act directed the preparation of a set <br />of operating criteria for the Colorado Rivcr Reservoir System.. ..The Operating <br />Criteria provide tor the long-range operation of the dams and reservoirs constructed <br />and operatcd under the authority of thc Colorado River Storage Project Act and the <br />Boulder Canyon Project Act flJr the purposes of complying with and carrying out the <br />provisions of the Colorado River Compact, the Upper Colorado River Basin <br />Compact, and the Mexican Water Treaty. -I <br /> <br />Additional detail was added to the Operating Criteria through the Secretary's adoption of Interim <br />Surplus Guidelines ("ISGs") in 200 I. The ISGs specify under which conditions the "Secretary [will] <br />declare the availability of surplus water tor use within the states of Arizona, California and Nevada in <br /> <br />-I Reclamation of Land Management, Sixth Revie1\! o{'the 1970 Criteria for Coordinilted Long-Range Operation of' <br />Colorado Rh'('/' Reservoirs, available at http://www.lIsbr.gov/lc/region/g4000/lroc/factsheet.pdf. <br /> <br />4 <br />