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

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or that the term of this Agreement is not extended, or upon the withdrawal of any Party from this Agreement, the Parties reserve, and shall not be deemed to have waived, any and all rights, including any claims or defenses, they may have as of the date hereof or as may accrue during the term hereof, under any existing federal or state law or administrative rule, regulation or guideline, including without limitation the Colorado River Compact, the Upper Colorado River Basin Compact, the Consolidated Decree in Arizona v. Californicc, the Colorado River Basin Project Act of 196$, the Mexican Water Treaty of 1944, and any other applicable provision of federal law, rule, regulation, or guideline. Nothing in this Agreement shall be utilized against any other Party in any administrative, judicial ar other proceeding, except for the sole purpose of enforcing the terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, the terms of this Paragraph shall survive the termination or expiration of this Agreement, and shall apply to any withdrawing Party after withdrawal. 13. No Third-Party Beneficiaries. This Agreement is made far the benefit of the Parties. No Party to this Agreement intends for this Agreement to confer any benefit upon any person ar entity not a signatory upon a theory of third-party beneficiary ar otherwise. 14. joint Defense Against Third Party__Claims. Tn the event the Secretary adopts a ROD in substantial conformance with the Parties' Recommendation as set forth herein, the Parties will have certain common, closely parallel, or identical interests in supporting, preserving and defending the ROD and this Agreement. The nature of this interest and the relationship among the Parties present common legal and factual issues and a mutuality of interests. Because of these common interests, the Parties will mutually benefit from an exchange of information relating to the support, preservation and defense of the ROD and this Agreement, as well as from a coordinated investigation and preparation for discussion of such interests. In furtherance thereof, in the event of any challenge by a third party as to the ROD ar this Agreement (including claims by any withdrawing Party), the Parties will cooperate to proceed with reasonable diligence and to use reasonable best efforts in the support, preservation and defense thereof, including any lawsuit or administrative proceeding challenging the legality, validity ar enforceability of any term of the ROD or this Agreement, and will to the extent appropriate enter into such agreements, including joint defense or comzxaon interest agreements, as are necessary therefor. Each Party shall bear its own costs of participation and representation in any such defense. 15. Reaffirmation of Existing Law. Nothing in this Agreement or the Parties' Recommendation is intended to, nor shall this Agreement be construed so as to, diminish or modify the right of any Party under existing law, including without limitation the Colorado River Compact, the Upper Colorado River Basin Compact, the Consolidated Decree in Arizona v. Cccliforliia, or the Mexican Water Treaty of 1944. The Parties hereby affirm the entitlement and right of each State under such existing law to use and develop the water of the Colorado River System. 12