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<br />GlENWOOD SPR:INGS OF'FICF; <br />J>\IIES 5, LOCtl><EAO <br />P,O, BClX357 , <br />~715GRAND"'VENUE ~ <br />00 SPRtNGS. eo &1~57 <br />MOan.e:(lil70)S,a.3e10 ; <br />FAX (910) $4~921 . <br />EMAlL:jlcdVlNdOtlhrs.CQITI <br /> <br />, ''--'" .................,-........- ................, "..,,' IU A;;;~7/~...." <br /> <br />BROWNSTEIN HYATT FARBER & STRICKLAND, P.C. <br /> <br />AlTORNEYSATLAW <br />TWENTY-sECOND Fl.OOR <br />410 SEVENTEENTH SlREET <br />DENvEIt COLORAOO ao2D2...3t <br />(303) SJ4.6005 <br />FAA (303) 62!-1956 <br /> <br />ZOe <br /> <br />WASHINGTON Or=FICE <br />801 P!NNSnVAHlA A'v'ENUi:, N.W. <br />SUITE 000 <br />wASHII'iGTOH. D.C. ZOOO4 <br />('202)"301-B:377 <br />FIJt. (~02) ~-7884 <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />! Members of the Colorado Water Conservation Board <br />~ <br /> <br />FROM: <br /> <br />James S. LoChhead~ <br />September 14, 19'----.) <br /> <br />DATE: <br /> <br />RE: <br /> <br />Status of Colorado River/Califomia Issues <br /> <br />. <br /> <br />As I advised you previously, the Metropolitan Water District of South em California (MWD) and <br />the San Diego County Water Authority (SDCW A) have announced an agreement in principle to <br />move conser{.ed water from the Imperial Valley through the Colorado River Aqueduct to San <br />Diego. This ~as one of the "lynchpin issues" upon which the California 4.4 Plan was contingent. <br />Under the agfeement, SDCWA will be able to move up to 200,000 acre feet of water per year <br />through the qolorado River Aqueduct. The Agreement will have an initial teon of 30 years. <br /> <br />i <br />The agreemeht is contingent on several conditions. First, it contemplated thatCalifornia voters <br />pass a statewide $1.7 billion water bond issue, of which $235 million will be used to "facilitate" <br />the MWD/SDCW A agreement. This measure did not get through the California legislature. <br />However, th~ legislature separately appropriated the necessary money. This was sold as a <br />statewide Obligation on the argument that the state as a whole would benefit from the MWD <br />achieving gr~ter certainty for its diversions from the Colorado River, in not having to be cut <br />back when California is required to reduce its use of water to 4.4 maf/yr. <br /> <br />Second, the q!J3Iltification of the agricultural priorities between IID and Coachella and settlement <br />of San Luis Riey Tribal claims - one of the other Iynchpin issues -must be resolved. The <br />Department of the Interior and these agencies are in intensive negotiations to reach agreement. <br /> <br />Finally, and most imponant for Colorado, the deal is contingent on the following (this is a quote <br />from a summary of the agreement prepared by MWD): <br /> <br />The promulgation and application by the Secretary of the Interior (the "Secretary") of <br />surplu!; criteria, including river re-operations, that are sufficient, together with those other <br />water supplies that are under the control ofMWD, to assure that the Colorado River <br />Aqueduct ("CRA") is full at least through 2015; and <br /> <br />. <br />