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<br /> <br /> <br />Sect iOIl -' 7 -(\()- I ()() is inappl icable herc, however. Ii rst because the Agrecment clocs Ilot <br />"ascertain" or "dcclare" any authority, interest, or right of the Basin States in interstate \vatcrs. <br />I\ather, the La\\' of the River "ascertains" and "declarcs" thc "authority, intcrest, and rights" ofthc <br />Basin States to t he waters 0 f t he Colorado Ri ver. I n 1~lct, t hc states speci lically rcfra in li'olll ~i1teri ng <br />or modifying the Colorado River ('oll1pact: <br /> <br />Nothing in the Agreement or the Parties' Recommendation is intended to, nor shall <br />this Agreement be construed so as to, diminish or modi fy the right of any Party under <br />cxisting law, including without limitation the ('olorado River Compact, the Upper <br />Colorado River Hasin Compact, or the Deeree in Ari:onll v. Clllif()l'I1io. The parties <br />hereby affirm the cnlil/clI/cnl IInd righl or cach State under such existing law to usc <br />IInd del'e!op the water of the Colorado River System. <br /> <br />Dratt A~reement at 10. <br /> <br />Moreover, even if this scction were applicable, it docs not provide the Govel11or with <br />authority to unilaterally bind the state of Colorado to interstate agreements. The statute requires <br />rati tication and approval by all the Basin States legislatures.!1l Thus, even i I' this provision did permit <br />the Governor were to negotiate and sign the Seven Basin States Agreement, the Governor would still <br />need to obtain approval of the agrecmcnt by the Colorado General Assembly. <br /> <br />Il. The Governor has the power to delegate his authority to negotiate and sign the Seven Basin <br />States Agreement. <br /> <br />I r the Governor docs have the authority to negotiate and sign the Seven Basin States <br />Agreement, the Governor should havc the power to delegate that authority to a representative. <br />Colorado courts have not cvaluated the propliety of the Governor's delegation of his authority to <br />administer interstate compacts. However, the Colorado Supreme COLll1 has assessed the Govel11or's <br />authority to review and sign extradition requests which, while not directly on point, supports the <br />delegation of the Govel11or's authority here. See Mllc/ll'l~l' I'. LCllch, 662 P.2d 166 (Colo. 1983) <br />(holding that the Governor's dekgation of authority to review the legal sufticiency of extradition <br />rcquests to an assistant attorney gencral was proper); see II/SO Whittington v. Bray, 200 Colo. 17, 19 <br />(Colo. 1980) (noting "it would not be proper for the judiciary to tell the Governor how to delegate his <br />authority in extradition matters"). The administration of the Colorado River Compact is at least as <br />technical as the review of the kgaJ surticiency of extradition documents. As such, it would be <br /> <br />end that such waters may he used and disposed of by the se\'l:ral states and their respective citizens <br />in accordance with an equitable apportionment or division thereof made between the signatory <br />states by the terms of the compaet or agreement; except that al/Y cOll1pact or agreell1ent so entered <br />infO 01/ helllllf'of'said stafes shalll/ot he hinding or ohligllfo/l' upon any of'said Sf(/fCS or fhe <br />citi:el1.l' fhert'of'lI1/fil fht' S([lI1e has heel/ ['{[tified and appro\'ed h.1' fhe legislllfurt's of'all of'said <br />sigl/ato/l' states and by the congress of the United States when necessary. <br /> <br />(Emphasis added). <br /> <br />10 "[A]ny compact or agreement so entered into on behalf of said states shall not be binding Of.' obligato[l' upon any <br />of'sllid states or the citi:ens thereo/,lIntil the sallie has been ['([tified and approved by the legislatures of'all of'said <br />signato/)' states and by the congress of the United States when necessary:' ~ 37-60-109, C.R.S. (emphasis added). <br /> <br />9 <br />