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DRAFT <br /> R E S O L U T I O N <br /> WHEREAS, the San Diego County Water Authority, California <br /> (Authority) , has executed an option agreement with the Galloway <br /> Group, Limited (Galloway) , a Colorado corporation; and <br /> WHEREAS, said option agreement gives the Authority the <br /> right to enter into a water service agreement with Galloway; and <br /> WHEREAS, said water service agreement would purport to <br /> provide for Galloway to lease to the Authority a minimum of <br /> 300, 000 acre-feet of water per year, which water would be <br /> delivered by Galloway from sources in the Upper Colorado River <br /> System by means of the natural channel of the Colorado River <br /> and its tributaries; and <br /> WHEREAS, the water which would purportedly be leased to the <br /> Authority would be charged against the beneficial consumptive <br /> use of the Colorado River System which is apportioned in <br /> perpetuity to the Upper Basin by the Colorado River Compact; and <br /> WHEREAS, the delivery of water outside of the state must <br /> conform to the requirements of Colorado ' s export statute <br /> (37-81-101, et seq . , CRS) ; and <br /> WHEREAS, the use of water from the Colorado River System is <br /> governed by and must be accomplished in accordance with the <br /> Colorado River Compact, the Upper Colorado River Basin Compact, <br /> the decree of the United States Supreme Court in Arizona v. <br /> California, and numerous other laws which are commonly referred <br /> to as the "Law of the River; " and <br /> WHEREAS, serious legal obstacles to the proposed lease <br /> exist under the compacts, other elements of the "Law of the <br /> River, " and Colorado ' s export statute. <br /> NOW, THEREFORE, BE IT RESOLVED by the Colorado Water <br /> Conservation Board in regular session assembled on the 15th day <br /> of November, 1984, in Denver, Colorado, that the Board opposes <br /> the proposed lease of water from Galloway to the Authority. <br /> BE IT FURTHER RESOLVED that the Board, pursuant to its <br /> statutory authorities and duties, shall take, and urges the <br /> Governor, the Attorney General, and the State Engineer to also <br /> take, any and all steps necessary to prevent the proposed lease <br /> and to otherwise protect the state ' s interests . <br /> -20- <br />