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• Board Meeting Date: 7/22/2008
• Description: Attorney General's Report, Legal Briefing and Executive Session
• Board Meetings - Doc Type: Memo

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analysis of the exchange rates, lack of information regarding the use of Yamcolo Reservoir, and
. reliance on unproven sources for replacement water.
DEFENSE OF THE COLORADO RIVER SUBUNIT
7. Legal Counsel with respect to Colorado River
The Colorado River Subunit continues to provide the Colorado Water Conservation Board, the
Governor of Colorado's Representative, and the Upper Colorado River Commission with legal
counsel on developments concerning the Colorado River. Most recently, the Subunit has:
- Led the coordination efforts among the seven Colorado River Basin States and
the Southern Nevada Water Authority's Motion to Intervene in the Grand Canyon
Trust v. U.S. Bureau of Reclamation litigation. On June 3, 2008, the Federal
District Court for the District of Arizona granted the seven basin states' motion to
intervene along with the motions to intervene by power and private water user
interests. Since then, the Subunit has prepared and filed an Answer to the Grand
Canyon Trust's Supplemental Complaint on behalf of the basin states and
designated Colorado Assistant Attorney General Adam Bergeron as lead
coordinator among the states. Currently pending before the court are the Grand
Canyon Trust and Reclamation's cross motions for summary judgment
concerning the claims asserted in the original complaint. The presiding judge has
• set oral argument for August 29, 2008 for the claims fully briefed to date, which
include Grand Canyon Trust's claims that Reclamation's operation of Glen
Canyon Dam violates the jeopardy and taking provisions of the Endangered
Species Act ("ESA") and the consultation provisions of the ESA and National
Environmental Policy Act. The Subunit is currently coordinating with the
CWCB, Upper Colorado River Commission, Basin States, other intervening
defendants and the Federal Defendants to provide assistance, if any, and prepare
for oral argument.
- Coordinated with CWCB and Colorado's compact representatives on the
Northwestern New Mexico Rural Water Projects Act (Senate Bill 1711) and the
amendments currently being proposed by Arizona Senator, Jon Kyl. Although
the Bill's primary goal is to settle Indian water rights in New Mexico, Arizona
insists on having Congress mandate that any water that could delivered by the
project's infrastructure to Window Rock in Arizona be considered Lower Basin
CAP water. Recently, the Subunit has supported the CWCB and Governor's
representatives in their efforts to brief the Congressional representatives on
Colorado's concerns with the proposed amendments to the Bill as well as in their
efforts to coordinate negotiations and talks with representatives and attorneys in
New Mexico, Arizona and the Navajo Nation. To this end, the Subunit continues
to: 1) review and evaluate the Bill's potential legal implications on Colorado's
interests in the Colorado River and the Law of the River; and 2) identify
•