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<br />. <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />under Permit No. 58591 from the Virgin River after 2014 so long as diligent pursuit of <br />system augmentation is proceeding to provide Nevada an annual supply of75,000 acre- <br />feet by the year 2020, Prior to re-filing any applications with the Bureau of Land <br />Management, SNW A and Nevada will consult with the other Basin States, <br /> <br />This agreement is without prejudice to any Party's claims, rights or interests in the Virgin <br />or Muddy River systems. <br /> <br />9. Consistency with Existing Law. The Parties' Recommendation is consistent <br />with existing law. The Parties expressly agree that the storage of water in and release of <br />water from Lakes Powell and Mead pursuant to a ROD issued by the Secretary in <br />substantial conformance with the Parties' Recommendation and this Agreement, and any <br />agreements, rules and regulations adopted by the Secretary or the parties to implement <br />such ROD, shall not constitute a violation of Article III(a)-(e) inclusive of the Colorado <br />River Compact, or Sections 601 and 602(a) ofthe Colorado River Basin Project Act of <br />1968 (43 U.S.C. 99 1551 and 1552(a)), and all applicable rules and regulations <br />promulgated thereunder. <br /> <br />10. Resolution of Claims or Controversies. The Parties recognize that litigation <br />is not the preferred alternative to the resolution of claims or controversies concerning the <br />law ofthe river. In furtherance ofthis Agreement, the Parties desire to avoid litigation, <br />and agree to pursue a consultative approach to the resolution of any claim or controversy, <br />In the event that any Party becomes concerned that there may be a claim or controversy <br />under this Agreement, the ROD, Article HI(a)-(e) inclusive ofthe Colorado River <br />Compact, or Sections 601 and 602(a) of the Colorado River Basin Project Act of 1968 <br />(43 D.S.C. 99 1551 and 1552(a)), and all applicable rules and regulations promulgated <br />thereunder, such Party shall notify all other Parties in writing, and the Parties shall in <br />good faith meet in order to resolve such claim or controversy by mutual agreement prior <br />to any litigation, No Party shall initiate any judicial or administrative proceeding against <br />any other Party or against the Secretary under Article HI( a)-( e) inclusive of the Colorado <br />River Compact, or Sections 601 and 602(a) ofthe Colorado River Basin Project Act of <br />1968 (43 D.S.C. 99 1551 and 1552(a)), or any other applicable provision offederallaw, <br />regulation, criteria, policy, rule or guideline, and no claim thereunder shall be ripe, until <br />such conference has been completed. In addition, all States shall comply with any <br />request by the Secretary for consultation in order to resolve any claim or controversy. In <br />addition, any State may invoke the provisions of Article VI of the Colorado River <br />Compact. Notwithstanding anything in this Agreement to the contrary, the terms ofthis <br />Paragraph 10 shall survive for a period of five years following the termination or <br />expiration of this Agreement, and shall apply to any withdrawing Party after withdrawal <br />for such period. <br /> <br />11. Reservation of Rights. Notwithstanding the terms of this Agreement and the <br />Parties' Recommendation, in the event that for any reason this Agreement is terminated, <br />or that the term of this Agreement is not extended, or upon the withdrawal of any Party <br />from this Agreement, the Parties reserve, and shall not be deemed to have waived, any <br />and all rights, including any claims or defenses, they may have as of the date hereof or as <br /> <br />9 <br />