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11 <br />DRAFT <br />to its contract issued under section 5 of the Boulder Canyon Project Act of <br />1 1928, SNWA has the right to divert "supplemental water" as defined by <br />NRS § 538.041 (6). The General Manager of the SNWA, signatory <br />hereto, serves as one of the Governor's Representatives as contemplated <br />by Section 602(b) of the 1968 Colorado River Basin Project Act, 43 <br />U.S.C. § 1552(b) and the Criteria for Coordinated Long-Range Operation <br />of Colorado River Reservoirs Pursuant to the Colorado River Basin <br /> <br /> <br />k <br /> <br /> <br /> <br />Ci' <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Project Act. <br />5. New Mexico. Pursuant to NMSA 1978, 72-14-3, the New Mexico Interstate <br />Stream Commission is authorized to investigate water supply, to develop, to <br />conserve, to protect and to do any and all other things necessary to protect, <br />conserve and develop the waters and stream systems of the State of New <br />Mexico, interstate or otherwise. The Interstate Stream Commission also is <br />authorized to institute or cause to be instituted in the name of the state of New <br />Mexico any and all negotiations and/or legal proceedings as in its judgment <br />are necessary. By Resolution dated , the Interstate Stream <br />Commission authorizes the execution of this Agreement. <br />6. Utah. The Division of Water Resources (DWR) is the water resource <br />authority for the State of Utah. Utah Code Ann. § 73-10-18. The Utah <br />Department of Natural Resources Executive Director (Department), with the <br />concurrence of the Utah Board of Water Resources (Board), appoints the <br />DWR Director (Director). § 63-34-6(l). The Board makes DWR policy. § <br />73-10-1.5. The Board develops, conserves, protects, and controls Utah <br />waters, § 73-10-4(4),(5), and, in cooperation with the Department and <br />Governor, supervises administration of interstate compacts, § 73-10-4, such as <br />the Colorado River Compact, §§ 73-12a-1 through 3, and the Upper Colorado <br />River Basin Compact, § 73-13-10. The Board, with Department and <br />Gubernatorial approval, appoints a Utah Interstate Stream Commissioner, § <br />73-10-3, currently the DWR Director, to represent Utah in interstate <br />conferences to administer interstate compacts. §§ 73-10-3 and 73-10-4. <br />These delegations of authority authorize the Utah Interstate Stream <br />Commissioner/DWR Director to sign this document. He acts pursuant to a <br />Board resolution, acknowledged by the Department, dated , <br />attached hereto as Exhibit and incorporated herein by reference. <br />7. Wyoming. Water in Wyoming belongs to the state. WYO. CONST. Art. 8 ' 1. <br />The Wyoming State Engineer is a constitutionally created office and is <br />Wyoming's chief water official with general supervisory authority over the <br />waters of the state. WYO. CONST. Art. 8 ' 5. The Wyoming legislature <br />conferred upon Wyoming officers the authority to cooperate with and assist <br />like authorities and entities of other states in the performance of any lawful <br />power, duty, or authority. WYO. STAT. ANN. ' 16- 1 - 101 (LExisNExis 2005). <br />Wyoming and its State Engineer represent the rights and interests of all <br />Wyoming appropriators with respect to other states. Wyoming v. Colorado, <br />3 <br />