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<br />and <br /> <br />e <br /> <br />WHEREAS, Assuming 7.5 million acre-feet are available to the Upper <br />Basin annually, Colorado is entitled to 3,855,375 acre-feet of water <br />annually, of which between approximately 200,000 to 450,000 acre-feet <br />have not yet been developed; and <br /> <br />WHEREAS, In 1928, Congress enacted the "Boulder Canyon Project <br />Act" and in 1963 the United States Supreme Court entered its decree in the <br />case of Arizona v, California, 373 U.S. 546, which held that the "Boulder <br />Canyon Project Act" apportioned the Lower Basin states' allocation under <br />the Colorado River Compact, pursuant to which California is entitled to 4.4 <br />million acre-feet of water per year; and <br /> <br />WHEREAS, California has repeatedly exceeded its legal entitlement to <br />water and in recent years has been diverting approximately 800,000 <br />acre-feet per year in excess of its legal entitlement; and <br /> <br />WHEREAS, Over time, as both California's use ofColorado River water <br />has grown and a multi-year drought has reduced available supplies, <br />California's over-reliance on diversions from the Colorado River has <br />become problematic for other users entitled to Colorado River water; and <br /> <br />e <br /> <br />WHEREAS, In an effort to enforce California's 4.4 million acre-foot <br />limitation, the seven affected states agreed to Interim Surplus Guidelines to <br />be administered by the federal Secretary of the Interior, acting in her role <br />as operator of the federal storage projects that implement the various <br />compacts and United States Supreme Court decisions affecting the <br />Colorado River; and <br /> <br />WHEREAS, The Interim Surplus Guidelines, the Record of Decision <br />concerning which was published at 66 Federal Register 7772, required <br />California to gradually reduce its consumption of Colorado River water to <br />its compact entitlement by entering into an enforceable agreement, called <br />the Quantification Settlement Agreement, by January 1,2003; and <br /> <br />WHEREAS, California failed to meet the deadline to enter into the <br />agreement, and consequently the Secretary of the Interior has enforced the <br />Interim Surplus Guidelines by prohibiting California from diverting more <br />than its 4.4 million acre-foot entitlement; and <br /> <br />PAGE 2-SENATE JOINT RESOLUTION 03-007 <br /> <br />e <br />