Basin States' Comments on Draft Environmental Impact Statement, CO River Interim guidelines for Lower Basin Shrotages and Coordinated Operations for Lake Powell and Lake Mead

• Year: 2007
• Title: Basin States' Comments on Draft Environmental Impact Statement, CO River Interim guidelines for Lower Basin Shrotages and Coordinated Operations for Lake Powell and Lake Mead
• CWCB Section: Interstate & Federal
• Description: Basin States' Comments on Draft Environmental Impact Statement, CO River Interim guidelines for Lower Basin Shrotages and Coordinated Operations for Lake Powell and Lake Mead
• Publications - Doc Type: Other

9. Consistency with Existing Law. The Parties' Recommendation has been
developed with the intent to be consistent with existing law. The Parties expressly agree,
for purposes of this Agreement, 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 lII(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 Not Related to Reductions in
Deliveries is Mexico under the Mexican Water Treaty_ of 1944. The Parties recognize
that judicial or administrative proceedings are not preferred alternatives to the resolution
of claims or controversies canceining the law of the river. In furtherance of this
Agreement, the Parties desire to avoid judicial or administrative proceedings, and agree
to pursue a consultative approach to the resolution of any claim or controversy. In the
event that any Party becomes concerned 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 initiating
any judicial or administrative proceeding. No Party shall initiate any judicial ar
administrative proceeding against any other Party ar against the Secretary under
Article III {a)-(e) inclusive of the Colorado River Compact, oa- Sections 601 and 602(x) of
the Colorado River Basin Project Act of 1968 (43 U.S.C. §§ 1551 and 1552{a)), or any
other applicable provision of federal law, regulation, criteria, policy, rule ar guideline,
and no claim thereunder shall be ripe, until such consultation has been completed. All
States shall comply with any request by the Secretary for consultation in order to resolve
any claim or controversy. Tn addition, any State may invoke the provisions of Article VI
of the Colorado River Compact. Notwithstanding anything in this Agreement to the
contrary, the terms of this Paragraph shall survive for a period of five years following the
termination or expiration of this Agreement, and shall apply to any withdrawing Party
after withdrawal for such period.
11. Resolution of Claims and Controversies Related to Reductions in Deliveries to
Mexico under the Mexican Water Treat of 1944 and Limitations on Reductions to
Lower Division States.
A. The United States has the authority to reduce the quantity of water allotted
to Mexico under Article 10(a) of the Mexican Water Treaty of 1944. The
timing and quantity of such reductions will directly affect the quantity of
water stored in Lakes Powell and Mead, and the timing and quantity of both
present and future shortages in deliveries of water from Lake Mead in the
United States imposed by the Secretary. A material consideration in the
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