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Last modified
1/6/2015 4:25:12 PM
Creation date
2/2/2011 2:32:12 PM
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Template:
Water Supply Protection
Description
Memorandum of Agreement Concerning the Upper Colorado River Basin Fund
State
CO
UT
WY
NM
Basin
Colorado Mainstem
Water Division
4
Date
1/24/2011
Author
Jennifer Gimbel, John D'Antonio Dennis Strong Matthew Mead Leslie James Larry Walkoviak Julia L. Kyriss
Title
Memorandum of Agreement Concerning the Upper Colorado River Basin Fund
Water Supply Pro - Doc Type
Contract/Agreement
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By Resolution dated December 20, 2010, the Interstate Stream Commission authorizes <br />the execution of this MOA and delegates its authority to the Secretary of the Interstate <br />Stream Commission to sign on the Commission's behalf. <br />C. State of Utah. The Division of Water Resources (DWR) is the water resource authority for <br />the State of Utah. Utah Code Ann. § 73- 10 -18. The Utah Department of Natural <br />Resources Executive Director (Department), with the concurrence of the Utah Board of <br />Water Resources (Board), appoints the DWR Director (Director). § 63- 34 -6(1). The <br />Board makes DWR policy. § 73- 10 -1.5. The Board develops, conserves, protects and <br />controls Utah waters, § 73- 10 -4(4), (5), and, in cooperation with the Department and the <br />Governor, supervises administration of interstate compacts, § 73 -10-4, such as the <br />Colorado River Compact, §§ 73 -12a -1 through 3, and the Upper Colorado River Basin <br />Compact, § 73- 13 -10. The Board, with Department and Gubernatorial approval, appoints <br />a Utah Interstate Stream Commissioner, § 73 -10 -3, currently the DWR Director, to <br />represent Utah in interstate conferences to administer interstate compacts. §§ 73 -10 -3 <br />and 73 -10 -4. These delegations of authority authorize the Utah Interstate Stream <br />Commissioner /DWR Director to sign this document. He acts pursuant to a Board <br />resolution, acknowledged by the Department, dated December 9, 2010. <br />D. State of Wyoming. The governor's discretion under Wyo. Stat. Ann. § 9 -1 -210 (2010) to <br />accept federal assistance on behalf of the State of Wyoming authorizes him to be <br />Wyoming's legally constituted authority with regard to the Basin Fund and this Agreement. <br />In signing this agreement, the Governor of Wyoming intends that this Agreement be <br />mutually and equally binding between the parties. <br />E. Colorado River Energy Distributors Association, Inc. ( CREDA). CREDA is a non - profit <br />Colorado corporation established in 1978 to represent its members in dealing with <br />Colorado River Storage Project (CRSP) resource availability and affordability issues. <br />CREDA represents its members in dealing with the Bureau of Reclamation and the <br />Western Area Power Administration. CREDA's members are all non - profit organizations, <br />serving over four million electric consumers in the six western states of Arizona, Colorado, <br />Nevada, New Mexico, Utah, and Wyoming. The Executive Director of CREDA is <br />authorized to execute this MOA pursuant to resolution adopted by the CREDA Board of <br />Directors on November 5, 2010. <br />F. U.S. Department of the Interior, Bureau of Reclamation (Reclamation). Reclamation, <br />through authorities provided to the Secretary of the Interior by Reclamation law including <br />the Colorado River Storage Project (CRSP) Act of 1956 and subsequent amendments, is <br />authorized to operate and maintain CRSP and participating project facilities. <br />G. U.S. Department of Energy, Western Area Power Administration (Western). Western, <br />pursuant to the Acts of Congress approved June 17, 1902 (32 Stat. 388); February 25, <br />1905 (33 Stat. 814); July 3, 1952 (66 Stat. 325); April 11, 1956 (70 Stat. 105); August 4, <br />1977 (91 Stat. 565); and the Acts amendatory or supplementary to the foregoing Acts, <br />acting by and through the Colorado River Storage Project Manager, is authorized to <br />execute this MOA. <br />2 <br />
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